S kumar 11 April 2019

Police nc - urgent help

Dear Experts

I have a flat in Navi Mumbai. There is an ongoing dispute with the society members. They haress few residents for no reasons.

Recently, they came up with some water issue in the society and asked everyone to pay Rs 10000. It was actually a fraud as the invoices were overpriced. I highlighted this issue in the whats app group and then went to see the connection. The people involved in the fraud threatened me and even attacked me on confrontation. I got neck sprain. Got it treated by the hospital.

When one of the person was abusing me I grabbed his coller. They called the PCR van and filed a NC against me. I also filed NC against them as police suggested. Now what will be the issue with me. The section in which my NC is filed is 504, 506 and 323. I donot know about the other NC as in what section they have mentioned in that.

Some lawyers suggest to file an FIR of attempt to murder. Some suggests to let it go. Some suggests to go to court and get this NC registered as FIR and initiate enquiry.

What will be my liability and possible threats.

I request everyone to please suggest what I should do.

Reply Follow

3 Replies

Kishor Mehta (CEO) 12 April 2019

If only an NC is filed police will not take any action except issue a warning.

S kumar 12 April 2019

Dear Experts ,

I went to the police station today to check the NC filed by the other party they have filed under section 504 only.

My NC is registered under 504, 506 and 323. They grabbed my neck and even abused me publically. 3 people were directly holding me. The NC is in marathi. I asked one of my friend to read that for me , the police has only written about threatening. They did not write anything about they getting physical with me.

I sustained injuries in my neck, there was muscle pull in the Neck.

I request all of you please guide me so that I can get justice.

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 14 April 2019

323 IPC is a cognizable offence and 504 and 506 are non cognizable offences bu statute. Where as Prakash sir has said that 506 IPC is also cognizable offence. So no problem. Police did the right thing by registering both of your complaints. I suggest you to get a medico legal certificate for your injury for which you should be routed through police station to govt hospital, so that you will have a strong evidence to prove 323 IPC. Now leave it to the police and coordinate with them till filing of charge sheet. But do not forget to get the MLC from govt hospital. And after filling of chargesheet appoint an advocate and file petetion in the court for conducting private prosecution. So that you can fight the case effectively as the public prosecutor may not dedicate much time to your case.