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Satheesh M (Software)     01 August 2015

False case using P.C.R act and police demanding money

Sir/Madam,

(Sorry for the long post)

I am Satheesh , request you to help me to know the practical situations of PCR cases in Tamilnadu.

Also, would like to get all your thoughts/views on the false police compliant filled on my Father-in-Law.

Actually,

Due to the Agri land border line issues, my father-in-law (full time farmer) & family faces mental tortures and physical attacks from the 'elder brother & family (5 daughters and his son-in-laws)' Since 20+ years.

The opposite family tries to occupy the pieces of land by their frequent tortures and quarrels , removing the border lines often and extending their surface year on year.

 

My father-in-law was severely attacked by his brother twice and admitted in (Government) hospital years ago, but the police denied to register the compliant.

So, my father-in-law family lost their trust on legal formalities. There after they never stepped into police station upon any serious attacks.

 

Recently, a month back: There were a house maintenance work on the opponent and them spoiled the planted seeds in our Agri land and attacked my father-in-law when he approached his brother (opponent) to avoid spoiling rest of the nearby planted seeds.

Please note here, my father-in-law or NO one else talked to/about the mason worked for opponent..

 

As I said earlier, my family members were not able to oppose the opponent and not ready to step into police station.

 

My bad, I convinced them with lots of examples I heard from my friends and made them to launched the compliant in the police station at 11.00 AM of the day.

As soon as the opponent come to know about the complaint against him & his family, he somehow talked to the mason and made him to launch the complaint on my father-in-law as 'he reached the mason's home at the same day late evening and scolded a lot for working on his land and also he talked about the mason's caste (DALITH)'(Actually, by the time my in-law was in home and busy with maintaining cattle).

After this, nearly 100+ supporters of the opponent and mason reached my father-in-law home and demanded for hefty amount of money.. Somehow police arrived and convinced them to discuss on the next day at station.

 

Police team & S.I understood that these are all the setup actions of opponent (and also mason and his 10+ number of supporters are trying to demand money from my in-laws) and demanded for the witnesses to Mason, Finally the compliant has been moved to D.S.P after 3+ days and he specified in front of all the parties as this PCR complaint is a false and prepared one and there will be No action on this, and also not to repeat this way again.

Also, DSP advised to my in-laws NOT to give single penny to mason/his supporters and also no action has been taken on my complaint to close the false complaint on my in-law.

 

After 3 days from there on, Now the police team (some of retired PCs also) approached my in-laws as filed the FIR based on the Mason's PCR complaint and demands Rs.20,000.00 for closing the case without any legal actions. Also, demands Rs.50, 000.00 as initial term for resolving all other border-line issues on this Agri land with the opponent.

Consulted with few famous criminal lawyers in hometown, they are advising to resolve this through paying the demanded money and move to normal life... Also, they clearly said NO lawyer will ready for taking the PCR case in court.

 

I am from the family background of 'believe in Law by court/Govt. and approach all by legal', I do not know how to proceed on this, what went wrong here. Should not we approach police for the crime? Do we need to expect all these kind of issues from police?

 

Thanks in advance!!!

 

Satheesh



Learning

 5 Replies

saravanan s (legal advisor)     01 August 2015

make a written complaint to the dsp that the police are trying to extort money from your inlaws based on the false complaint

1 Like

Satheesh M (Software)     01 August 2015

Mr. saravvanan, thank you very much for your time and effort..Latest update per last night is, looks like D.S.P meant to point NOT to give any amount to the person/his supporters ,who lanched the false compliants (But,DID NOT mean to police).In Fact, my in laws were asked to come to D.S.P office 3 to 5 times a day and the demands are happening at D.S.P office itself by some retired police officers (D.S.P ranked) and PCs.So, I do not consider that D.S.P does not aware of these type of demandings. Also, few PCs visit to home and threatens like 'higher officials asked them to enquire often and they are looking for some monetary adjustments with them.. I do not understand here that how could retired police officers can invlove on these kind of negotiations anb that too from D.S.P office????

Biswanath Roy (Advocate)     04 August 2015

Take help of a Senior Advocate of High Court and file a Writ of Mandamus against Police officers under Article 226 of the Constitution of India.

1 Like

Satheesh M (Software)     05 August 2015

Thank you Mr.Biswanath Roy. This is focused to SP level and resolved.

Closing this thread..

 

T. Kalaiselvan, Advocate (Advocate)     08 August 2015

The demand by police are not uncommon.  The bargains will happen from the top levels only.  The police themselves know that this case will not be tenable before law since there is no substance in the complaint as the same has been put up or set up.  

To tackle such situation, you must secretly approach DVAC police with a complaint about this demand and then negotiate with the demanding police and act as per the instructions of DVAC to trap the corrupt police officials, this will certainly instill a fear in the mind of the opponents too who may refrain from indulging in any violent acts against your father in future. 


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