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Coaching2 Succeed   13 October 2020

Query regarding continuity of cause of action.

The client is a female senior citizen. She was harrassed and was about to be sent to an old age home by her son.

As no body kept her she went to her daughter. it's been now 10 years that she is away from her son and some relatives.

In the year 2011, 2014, 2014, 2018 and 2019 she was extended threats by her son. She changed few residences but the son would come to know her address.

Now in her current residence she is living for the past 6 months. she filed a criminal writ impleading the son.

The hon'ble high court passed an order for police to evaluate the threat protection and provide security if required.

The police asked the petitioner if any one has come in her current residence. She said no, and based on this the police submitted the report that the threat perception is not true as no cause of action has happened here.

My question to the group:

1. Can we challange this evaluation by police.

2. Can we prove if there is continuation of cause of action, if the cause actions occured at different places and not at one state.

3. Are there any judgements which say that if nothing has happened in the recent past, it does not mean there is no threat. A threat can be executed at anytime.

please share your views. do we have any judgement to prove that threat is not a one time cause of action it is continues and can happen anytime.


Learning

 2 Replies

avadhesh Paliwal   17 October 2020

yes you challange the evalaton by police and if you give me detail about the judgement and police copy of investigation I can give you the clear solution ........and Please dont be fear there is full remedy for it...

 

Abhishek Gautam   18 October 2020

it's very hypothetical .. if we consider threat to continue forever then no case can ever be decided forever. since in every criminal case there is a bound threat to the witnesses or so or even to the plaintiff. so if the judgement has come and accused is punished, kins of accused may try to avenge the judgement and a so called 'threat' keeps on floating over the head of witnesses.
I hope u got this .. this case has no substance court can not give protection forever to anyone just basing on apprehensions.

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