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priyanka903   20 December 2017

Hitting with the intent of harm.

Around 5 hours ago, a lady in the neighborhood slapped my mother with the intent of harming her and then ran away to her home and locked herself in. Previously there have been instances where she has threatened her to take my mother's life by saying things like, "I will dig a knife in you" . There are witnesses for both instances, ready to testify. We have filed a complaint. We couldn't get a medical done in time and while there is swelling, it is not something that will endure till morning which is when we meet the police again. I am in dire need of advice on how to go about this case. She is the kind of woman who might even harm herself to prove her innocence. If she does so, how should I go about it? Even if she doesn't, how do I deal with this? 



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 5 Replies

Vijay Raj Mahajan (Advocate)     20 December 2017

If the local Police not cooperating with you and has not registered the FIR against the accused person who committed cognizable offence, you should meet the DCP of the district and move application u/s 154(3) CR.P.C for registering your FIR against the person.

The non-cooperation of Police is seen in most such cases and it sometimes become necessary to move the Court of the Judicial Magistrate, District Court of the Police station area under section 154, 156 of the Cr.P.C. for getting the FIR registered and proceedings initiated by the State against the accused.

Anish Thakur 7018812737 (advocate)     20 December 2017

agreed with vijay Mahajan ... you can also.file.private complaint in court .

Kumar Doab (FIN)     20 December 2017

Subsequent to above advices; next time record the threat, assault.

And get the medical from local govt hospital preferably.

Avoid leaving the mother alone.

priyanka903   20 December 2017

Thank you everyone. We met the concerned party in the police station today with almost 15 witnesses on our side and an outside party (the wife of a ward councilor) and two of the accused on her side. The head constable did not listen to us. They had a video of me going to her house and demanding that she come out. One of the accused tried to hit and instigate me and I removed her hand. They are claiming that as my assault against that woman. The cctv footage clearly shows how she came onto me and I removed her hand but the head constable did not listen to us. She put me, my sister, my mother and two of their people in jail. Took my phone. My bag. A male constable also manhandled me. This is outrageous and I want to take action. 

Kumar Doab (FIN)     20 December 2017

The situation in your last post is different.

Next time avoid such act of going to the house and calling them to come outside that too under CCTV coverage.

For current situation, engage a very able SENIOR LOCAL counsel of unshakable repute and integrity specializing in criminal matters and meet with your witnesses, in person.


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