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Sam (NA)     30 April 2014

Ipc 323 & 506 - require advice

Dear experts,

My father, aged 65 and my sister were hit by the tenants (aged 30) above her house due to an argument since the tenants above her house were pouring drainage water into our house very frequently, inspite of repeated complaint to them and the house owner. (even owner has warned them)

My father suffered an head injure and admitted in GH (after visiting the police station) and two stitches were made over his head there and my sister suffer a bone dislocation and was operated the next day in a private hospital.

Later we observed the tenant, who beat my father and sister already got admitted before my father in the same hospital for no reason as he is an employee of Government Hospital. And was given treatment (not sure what treatment).

My father had filed an FIR on him and in turn he has booked FIR on my father on IPC 323 and IPC 506.. And not sure about the IPC he booked my father. 

My father has walked away from the hospital, as he felt threatened by the tenant, as all the GH staff are in favor of him and treatment were not provided to him properly. 

We are planning to get Bail for my father now.

We are suffering in term of money losses and health (due to surgery, my sister was not able to feed her 4 month old baby).

Please advise me how should we proceed once we got bail. Any piece of information will help me. 

Thanks in Advance.


 5 Replies

Sam (NA)     30 April 2014

my Question

1. Should my sister file FIR on him as my father has already filed ?

2, Doctor advise her for complete 3 months bed rest. Should we add her as a witness as she went through major surgery? and will be not be able to walk for next 3 months.

3. what evidence we should produce as he is accompanied by all his realities. when my sister and father were hit, they were encourage to run from the spot. And really we see no humanity to help us on the spot.

Please advise us.

laxmi kant joshi (instructor)     30 April 2014

sam why didn't your sister file police report, get it registered immediately in the police station u/s 325/ 506/34ipc , ask police protection to sho on the ground that the tenant had threaten to kill your sister , if sho not registered your complaint then file private complaint in the court and get order u/s 156(3)crpc.
1 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     01 May 2014

Dear Sam,

Your sister and father should immediately get FIR registered under section 326/338/354/354A/451/ 509/506 of IPC against that fellow.


The clear allegations are not there, if there will be clear allegations of section 307 IPC then he can be booked under this section.  if he entered your premises then section 451 IPC can be invoked. Tell clear facts for proper advice.

Rajiv Bhasin


Bhasin Legal Consultants



legaljoe68 (member)     03 May 2014

as regard to bail go and get anticipatory bail in sessions court for your father,otherwise the Police willcome and pick your father in night and humiliate him and put him in lock upand then produce him in court.ask your father to be away and tell him to go to some place. Before this apply for certified copies of both FIR from court . purchase some legal papers ( green)and take his signature on them .he will get bail immediately .act fast. If police comes to your house do not allwo them in night .Police cannot search your house if the same is in females name .they had to get warrant from magistrate . 

sayan ray (Lawyer)     03 May 2014

Make immediately local police complaint along with the complaints to the commissioner/ SP if action is still not taken go to the magistrate and file 156(3) Cr.P.C and book them U/s. 307,324, 326,354, 506, 509, 120B, 34 IPC. Keep all the evidences safely like the medical reports, your previous complain if any and others.

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