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samson daniel (webdeveloper)     01 July 2013

False chapter case please help


The owner Mr.Sharad Bhoir Sai Prasad Bldg, Dombivli west has filed complaints taking signature of other ladies tenants that aim a disturbing person and the police have added Chapter Case Section 107 on me. I never received any summons from the police station about me disturbing any tenant ladies. 

The case correlated to me filing a civil case in the Kalyan court on the owner not accepting rent. Before approaching the court I have given letter to all the police departments about my Life in Danger in the year 2011 and 2012 and the intention of the owner threatening me. 

I have photo proof how the owner is disturbing But the Asst.Commissioner of police office Dombivli East after seeing the photos and pervious letters filed by me still says this are two different cases. How do I prove aim being targeted by the owner and the case is co related to my civil case and these cases can be a proof for me to vacate me from my house? The owner is local villager and has good political contacts and everyone is either frightened or obliged to him.


I will loose my job remaining absent for 30 days in six months proving me innocent. Please reply.



 2 Replies

Ashok, Advocate (Lawyer at Delhi)     12 July 2013

Since the complaint against you is given by lady tenants whereas you had filed case against the landlord, the police may be considering that these are different matters. You'll have to show / prove that these ladies were instigated by the landlord to file complaints against you and also that the complaints given by ladies were given only because of the landlord's insistence.


Second question: If you fail to furnish the security demanded by the Executive Magistrate as a bond to keep peace under Section 107 Cr.P.C., you may even face the threat of being in jail. Read the provisions of Section 122 in this regard which lays down what happens if a person fails to furnish the security in this regard:


122. Imprisonment in default of security.— (1) (a) If any person ordered to give security under Section 106 or Section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.

(b) If any person after having executed a bond 1[, with or] without sureties for keeping the peace in pursuance of an order of a Magistrate under Section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.


(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under Section 108, be simple, and, where the proceedings have been taken under Section 109 or Section 110, be rigorous or simple as the Court or Magistrate in each case directs.

samson daniel (webdeveloper)     15 July 2013


I was not taken to court when the constables came late night 11.45pm and I did not open the door they informed me they have filed Chapter case on me and I should be present at the Asst.Commissioner Dombivli East Office When I approached the office in the morning with my advocate. I was produced a letter mentioning a chapter case was filed Section 107 that I could commit crime and could be danger to other tenants and the landlord and I should pay a bond of 5000/-rs or explain why bond money should not be collected from me.

I gave explanation and showed them the photo proof how the landlord was troubling me on the door. And also the civil case I filed on the landlord for not accepting rent after my father death. And why the owner lady has purposely filed this complaint on me. But still no results the opposite persons are not called and aim troubled every month 3 days to attend and even my present signature are being taken.


My advocate says this can be cancelled at the session court by the magistrate. But I can not see any light because who can stop them by adding up false cases against me.

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