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Yavanika Singh (Company Secretary)     30 April 2013

Need help urgent please advice

 

Dear Learned Members,

I want your guidance over a matter which happened with me on 27/04/2013.

I use to give coaching classes at my home. I gave classes of General & Commercial Law to a girl for which she paid me Rs. 5500 as fees in two installments, her course get complete on this jan, 2013. She is very poor in her studies infact she got DEbarred from university in case of using unfair means in B.Com Exams. 

After completion of her cousre her mother and she herself statred pressuring me to teach whole the syllabus again to her as revision. I claerly denied as it has not been decided I have taken the fees only for the cousre and I lived upto my committment. 

On Saturday a guy called me and asked to take classes for which he said he wants to meet me, I aksed him to come at my home on sunday. Then I went foor eving walk with my parents. When i was out of house with my Parents I recieved a call from my younger sister she said that guy who have called me has come to talk for the class. I went to my home and asked my parents that I'll join them in 5 minutes. 

When I reached there alone That girl who have taken the classes and her mother were standing in stairs and a guy (who is the brother of that girl) was in my home as I reached there He tries to hold my hand and started abusing me that main dekhta hun tu isko kaise nhi padhati tu hai kaun and bla bla. 

At that moment I called twice on 100No. to as he and her mother were abusing me in my home and assulating me when my parents came then they got out of my home and then they went downstarirs and statred shouting in from off my whole colony that she (I) is a slut and she (I) is a fraud.

then immedaitely I went to police station but the station incharge has just written my complaint in his dairy and called them and asked them and ME  to come on sunday at 12 pm. 

When I went on sunday to police station and asked police inspector to take action against them he said to me ki aap confusion mein ho un logo ne abhi time nhi diya hai jab denge main bta ddunga.

Then I asked him Sir why are you not taking action I have all the evidence infact my Colony people will tell you all the incedence that they have done. then he asked me to come at 8.30pm on sunday.

At 8.30 pm Police inspector called me and said ki vo log free nhi hai jab time denegemain bula lunga aapko.

On monday Police inspector called me and they people also caome to police station with 5 other peoples who tries to pressurize us infact I was extremly shocked when  that Police inspector started scolding me in front of them and said ki madam muh band kro apna aur bhi kaam hhai mere pass VIP ki party mein duty lagi hai jalid matter suljao yahan nhi baitha rahunga main. But I asked him ki sir atleast you do youir investigation then only you caom to know that who is at fault and they have assaluted me. But he said yahan se jao ab tum.

I am very very deprseeedd kindlky guide my What action I can take now as I am going through a phase when pOlice is also not helping me.

Please give me your advice members.

 

Regards



Learning

 9 Replies

Adv k . mahesh (advocate)     30 April 2013

take your complaint to Superintendant of police and tell the situation that your parents are aged and they may harm you and you life is at risk 

because if higher authorities will involve then only this inspector will take action and also take any colony elder person to complain the incident 

1 Like

srinivasa rao (advocate)     30 April 2013

Dear Yavanka Singh,

You have right to approach higher authorities like Commissioner of police even after you did not get any justice you can file a private complaint with the help of a lawyer.  Please remember you must have sufficient witnesses and evidences in favour of you.  The Honble concerned magistrate has powers to take the cognizange of your complaint. Good luck and thank you

b. srinivasa rao

practicing advocate, viskahapatnam

9948563635

1 Like

Adv k . mahesh (advocate)     30 April 2013

take your complaint to Superintendant of police and tell the situation that your parents are aged and they may harm you and you life is at risk 

because if higher authorities will involve then only this inspector will take action and also take any colony elder person to complain the incident 

1 Like

Yavanika Singh (Company Secretary)     30 April 2013

Thank you Mahesh Ji  and Srinivasa ji.

Sir,

Should I directly apporach to the Superintendant of Police and Commissioner of Police ?

Thank you

hema (law officer)     30 April 2013

There some irregularities happened in your case.

1.  When you called No.100, why police did not turn up?

2.  Why did the police give time of 8.30 PM on Sunday, as woman shall not be called into the police station after sun-set.

3.  The police have no right to get the compromises between the parties as per cr.p.c. and their duty is to take complaint in writing or if it is given orally, to reduce in writing and if it is cognizable offence, FIR should be registered and investigation has to be done.  In your case, they should have taken written complaint from you and should have registered FIR under various offences under IPC.  They did not do that and abdicated their responsibility.

NOW WHAT SHOULD YOU DO:

1.  Write a written complaint giving clear details of date and place, where the exact offence occurred.  Give clear discripttion of the offence committed along with the information about the presence of your sister and parents at the scene.  Also give details that how your comlaint was frustrated in your local police station.  Give this complaint either by hand or by speed post to the S.P.  and his higher authorities, but remember, if you give it by hand, get acknowledgement from the police officer.  They put their stamp on your copy acknowledging the receipt. 

2.  Wait for a week.  If nothing happens, engage an advocate and file a private complaint before the Magistrate and the complaints referred to para 1 above will come to your aid to prove the case.

1 Like

Yavanika Singh (Company Secretary)     30 April 2013

Dear Hema Ji

Thank you for your reply.

1. Ma'am I dialed 100 No. twice on saturday on 6.54 Pm and 7.04 pm at that time that guy her mother were in my house but nobody picked up the call

 2. Police Inspector has taken the time from the father of that guy and asked him ki Sir aap batao kab free ho tab enhe bulaunga first they said ki 12pm on sunday but when we reached at police station he said ki aapko confusion hua hai main unse baat karta hun ki kab aayenge vo log and again called them then they gave time 8.30pm on sunday. So, that why he called me at 8.30 pm.

3. I have given a hand written compliant to that Police inspector but he didnt gave me recieving he noted that incidence in his normal dairy on saturday.

 

Thank you

Adv k . mahesh (advocate)     30 April 2013

sincere advice from now on if they call you after late hours dont go and firmly you can defend 

prepare a welll draft of complaint and take your neighbours two persons signature on the draft quote even the contacted on100 and no one lifted the phone 

Adv k . mahesh (advocate)     30 April 2013

sincere advice from now on if they call you after late hours dont go and firmly you can defend 

prepare a welll draft of complaint and take your neighbours two persons signature on the draft quote even the contacted on100 and no one lifted the phone 

and submit the complaint to higher authorities with a copp to station addl commissoner of police of your zone 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     30 April 2013

Dear Yavanika, you said you police noted down your complaint in their diary then you must have diary no. of the complaint. You called 100 no. twice then these calls also turned into diary no. instead of approaching any lawyer first. You must have evidences. Immediately file RTI and get the copies of all DD. enteries and also ask the status of your complaint and investigation / action taken by I.O. till date. also file compalint to higher police authorities. Regards Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

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