Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jinesh   30 May 2015

Please save me and my family !!!

Hi, 

I am jinesh (28) i run a small IT firm, my dad ex-service man, due to my dad's govt service, we transferred different places across india. 3 years back my dad registered a land at W.B. after his retirement he decided to spent rest of the life in W.B because most of our relatives lives there. During the construction of our home local club demanded 5 Lacks as their donation and they stopped the construction.  Then after many request and negotiation my dad paid 3 lakh cash to the local club as donation.

My dad got retired on March 2015, one month back i.e on April, that local club demanded 1 Laks for their annual festival. This time we were fully opposed with their proposal. I replied them “Main du numberi dandha nehi karta hoon, get lost”.

On 15th of this month my whole family went to Gangtok for summer vacation. During this vacation we heard that, the local club, few local leader, and some other club people broke our house, steel everything, they burn our furniture, car, and bike. Around 300 people throws stones to our house.

Our relatives told us not to come there, police did not take any step. Now what we should do? Neither we can go to home nor can we complain to our local police station.

 Please give me some tips/suggestion,  me and my family is in big problem please give me some suggestion. 

How can I take legal action against them, they are a big team with power. On the other hand we don’t any evidence against them, only left broken, stolen, vacant home with zero hope. Asking our self “who will pay the cost of this destruction” ?  



Learning

 9 Replies

saravanan s (legal advisor)     01 June 2015

if the local police or even the dcp doesnt take any action on your complaint file private complaint with the magistrate under 156(3) crpc

jinesh   02 June 2015

Thank you sir for your suggestion.....but to go police station it is too much risky, we are getting threats from powerfull people, please tell me what should i do?

saravanan s (legal advisor)     02 June 2015

file private complaint with the magistrate under 156(3) crpc.that will work

Aashish George (lawyer)     03 June 2015

saravanan.s has correctly guided you in this regard, but considering your situation, i would suggest you approach the west bengal high court through your relatives to grant you and your family protection. you can also pray for filing/registering of an fir against the so called local gang.

its sad to see your condition, but its a fact of life that law and order in many states are in dire need of overhauling. best of luck.

T. Kalaiselvan, Advocate (Advocate)     07 June 2015

Under the given situation any action initiated by judicial magistrate will also not be very effective because the magistrate has to depend o the ineffective police only.  Therefore as suggested by my learned friend Mr. Aashish George, it is better to file a petition before high court for protection of the lives as well as the properties.  This may fetch some relief. 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 June 2015

agree with Mr. Kalai

saravanan s (legal advisor)     07 June 2015

i too agree with learned adv mr.kalaiselvan views

Adv. Chandrasekhar (Advocate)     07 June 2015

Those who know the WB situation, certainly agree with the legal advice given by Sh. Asish George and Sh.  Kalaiselvan.  Approach HC is the only option.

jinesh   18 June 2015

Hi, thanks for all help, but someone message me that " I can approach Human rights commission of ur state about the destruction". will the out come of Human rights commission is much powerful than the court?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register