Need help in filing writ under article 21 for police excess

You can contact Mr.Srinivasulu our senior lawyer in High court. His mobile no:9849133935, office no:040-27703851

are there any more details?

Dear Learned members

I have copies of police complaints given by her that I come to her property and harass her tenants

I have copies of the rental agreements, lease deeds signed by her

Now my statement is 

498a is filed and I was evicted from my own house by the police and the police now say to get an order from the court to allow me in to my property. 498a case had come to evidence stage in February 2013. Once charges are framed the prosecution officer cannot take dates.

The court has been a party for the sinister motive, illegal ambitions of the complainant by giving repeated, unnecessary and deliberate adjournments. WIthout attempting to know what is truth the actions of the court has created mental torture to the accused and his mother who is 75 years old. By giving adjournments the court has denied my right to enter and live in my property.This amounts to trampling upon the fundamental rights of the citizen

WIth this statement I have to build up 

Why adjournments, How to find whether cases are been filed for justice or to harass the opposite party by taking adjournment. If adjournments are curtailed then the back log of cases will drastically reduce and the quality of pleadings will vastly improve 

etc etc 

Which I will keep the forum updated

Regards

B.Mohan

 

 

I want to know how to file a case if someone hampers my right to privacy and tries to humiliate me and my guest  in my  father's authorized government quarter. I had reached my house around 7a.m. in the morning with my male friend to help me shifting my luggage to my college hostel and meanwhile  within 5 minutes my neighbor rank my doorbell along with his friend and threatened me to open my door and wanted to search my house saying that they will call police saying 'your parents are not home and no male friend can be entertained", I told them that i had asked my mothered on phone for permission to bring my friends home and still they kept saying that I had dirty ideas in my mind to have brought my friend stealthily and said that i should have taken their permission to bring him home or to even permit me to enter my own house.They also said that they will forcibly take our picture and mail my parent  and said that they will forcefully enter my home premises , I asked them to talk to my parents and right away leave my house but they din't and kept extorting me for charges that i haven't even thought of ; they insulted my friend asking for his ID and said that whether he is an Indian or not , and asked us to leave me in 10 minutes. then I called my parents they  had a talk with his wife but still they were  not ready to say sorry and this lead to my public humiliation for no cause. Please tell what to do. I am 23 year old and an engineer. Please help.

Originally posted by : Priyanka
	I want to know how to file a case if someone hampers my right to privacy and tries to humiliate me and my guest  in my  father's authorized government quarter. I had reached my house around 7a.m. in the morning with my male friend to help me shifting my luggage to my college hostel and meanwhile  within 5 minutes my neighbor rank my doorbell along with his friend and threatened me to open my door and wanted to search my house saying that they will call police saying 'your parents are not home and no male friend can be entertained", I told them that i had asked my mothered on phone for permission to bring my friends home and still they kept saying that I had dirty ideas in my mind to have brought my friend stealthily and said that i should have taken their permission to bring him home or to even permit me to enter my own house.They also said that they will forcibly take our picture and mail my parent  and said that they will forcefully enter my home premises , I asked them to talk to my parents and right away leave my house but they din't and kept extorting me for charges that i haven't even thought of ; they insulted my friend asking for his ID and said that whether he is an Indian or not , and asked us to leave me in 10 minutes. then I called my parents they  had a talk with his wife but still they were  not ready to say sorry and this lead to my public humiliation for no cause. Please tell what to do. I am 23 year old and an engineer. Please help.

PLEASE OPEN INDEPNDENT THREAD.

VERY FEW FACTS CAN BE UNDERSTOOD FROM EMOTIONAL OUTBRUST (EXPECTED IN CASE OF PERSON SUFFERING THE WAY YOU APPEAR TO BE) 498a filed and DV filed in 2012. NOT CLEAR WHAT ARE THE EXAPT ALLEGATIONS. WHO ARE ALL ACCUSED. Thrown out of my own house. X has leased my property and collecting rents also. THROWN OUT BY WHOM. UNDER WHAT CIRCDUMSTANCES. IF IT IS OWN HOUSE THEN HOW SOMEONE IS CHANRIGING RENT FROM YOU. There is no court order which says I should not come to my house Whenever I go to my property Police calls me and make me sit in the police station. HAVE YOU EVER APPROACHED THE COURT FOR RIGHT TO ENTRY IN OWN HOUSE. 498a deliberate adjournments and the court has issued NBW to CW3 to CW8 for appearance on April 18th WHO ARE THE PERSONS FOR WOM NBW ARE ISSUED. HOW ARE THEY CONNECTED TO YOU OR YOUR CASE. HAVE THEY REALLY DEFAULTED IN APPEARANCE. I have filed IPC 405/406. FIR is registered and the police are not sending the chargesheet. AGAINST WHOM YOU HAVE FILED THIS CASE AND WHAT ARE YOUR ALLEGATIONS I have filed PCR for criminal trespass IPC 442 in the same court where 498a is running. The judge is not referring it to the police station. WHAT ARE THE ALLEGATIONS YOU MADE BEFORE THE COURT AND AGAINST WHOM I am also planning to file a case against the judge for deliberate adjournments saying it breaches the fundamental rights of the citizen YOU CANJUST FILE AN APPLICATION IN HIGH COURT SEEKING DIRECTIONS FOR SPEEDY TRIAL. 498a is filed and I was evicted from my own house by the police and the police now say to get an order from the court to allow me in to my property. HAVE YOU EVER RECEIVED ANY NOTICE BEFORE ANY SUCH ORDER AND IF YOU THINK SUCH ORDER DOE SNOT EXIST HAVE YOU SOUGHT COPY OF SUCH ORDER FROM POLICE UNDER RTI.

Dear Learned members 

thanks for replying

Allegations in 498a No dowry demand or unlawful demand. harassment and abuse. On that It is alleged that I hit with shoe and threatened her with knife.Wound certificate mentions abrasion in the leg.Only husband is accused. sections filed 498a,323,341, 506

I have not approached the court for entry. The Dv judgement has not restrained me from entering my house

NBW was issued to CW3-CW8. complainant father, her friends who have signed as witness.The case was posted for April 18th Again adjourned because properties missing( SHoe and knife).CW3 attended the court but did not give evidence

I have filed IPC 405,406 against my wife for misusing my property by leasing and vacating my tenant and given my place for another tenant and collecting rents from the same.

IPC 442 has been filed against illegal tenants. The judge is highly egoistic and thinks all woman are sita and all 498a is genuine

There is no order. But police are misusing their powers thinking there is nobody above them

I request the learned members to go through this judgement  CRIMINAL APPEAL NO. 554 OF 2012 Vinod Kumar ... Appellant

Versus

State of Punjab ... Respondent

It is anathema to the concept of proper and

fair trial. The duty of the court is to see that not only the

interest of the accused as per law is protected but also the

societal and collective interest is safe-guarded. It is

distressing to note that despite series of judgments of this

Court, the habit of granting adjournment, really an

ailment, continues. How long shall we say, “Awake! Arise!”.

There is a constant discomfort. Therefore, we think it

appropriate that the copies of the judgment be sent to the

learned Chief Justices of all the High Courts for circulating

the same among the learned trial Judges with a command

to follow the principles relating to trial in a requisite

manner and not to defer the cross-examination of a witness

49

at their pleasure or at the leisure of the defence counsel, for

it eventually makes the trial an apology for trial and

compels the whole society to suffer chicanery. Let it be

remembered that law cannot allowed to be lonely; a

destitute.

I have started drafting my petition. I can share the same 

 

Regards

B.Mohan

Not at al beliveble. If 498a is alleged hen there is certainly an allegation of violence motivated by dowry demand. Anyway 323 appears of have been rightly applied as you admit that there is a wound. You have to rove that you did not cause the wound. They have to prove that you caused the wound. “NBW was issued to CW3-CW8. complainant father, her friends who have signed as witness. The case was posted for April 18th Again adjourned because properties missing( SHoe and knife).CW3 attended the court but did not give evidence” Thing appears to be going in your favour if the case property is lost. Such like things happen generally when police is in connivance with the accused (atleast other party may validly allege so) SO there case be another criminal case against police officials and you if you blow up the matter. “I have filed IPC 405,406 against my wife for misusing my property by leasing and vacating my tenant and given my place for another tenant and collecting rents from the same.” Have you given any notice or criminal complaint against said tenant. “There is no order. But police are misusing their powers thinking there is nobody above them” Have you made any RTI with police to know whether at all they have got any court order.

Dear Mr. Sudhir kumar

Thanks for replying

The wound certificate says minor wound

i have sent notices to the tenants Out of 4 tenants 2 have recieved it and the other two returned it.

I have checked with my police contacts. They say there is no such order. The opposite party has connection with the local DCP 

He has instructed the local police police to restrain me. In this  regard I met the ADCP he told me to meet the DCP. The DCP is not entertaining me in his office.I have filed complaint in karnataka human rights commission

Now I have seen some judgements that adjournment infringes on article 21 of the constitution

1. IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Special Leave Petition (C) No. 25848 of 2011

Noor Mohammed ... Petitioner

Versus

Jethanand and another ...Respondents

2. CM(M) No. 9/2010 & CM No. 77/2010 % 28.01.2010 Puja Kakar ... Petitioner Through: Mr. Amit K. Chadha, Sr. Advocate with Mr. Arun Batta, Advocate Versus Arjun Kakar ... Respondents

Regards

B.Mohan