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Dr Rishikesh Shukla   19 August 2020

threatened to killed, obstruction in performing government dury and violation of pandemic act by forcibly standing on gate without Mask

sir wish to know that which IPC and pandemic act should be mentioned in FIR if:-
1. someone threatenes to kill deliberately standing at my door
2. prevented for going to govt office for discharging my duty
3. neighbour and his supporters assembling at my gate, parking the car by goons at gate and threatening to kill me without bearing mask on 29 th July 2020.
4. Police not registering FIR aven after submitting application for the same.
5. Application sent to senior officials through Speed Post, also through whatsapp.


Learning

 5 Replies

seshadri dubey (none)     19 August 2020

269, 270 and 271 of IPC + 341 IPC

Dr J C Vashista (Advocate)     20 August 2020

It is the duty of concern of police / court to take cognizance of accusation under appropriate provision of Indian Penal Code, 1860, if it existed based on facts of the complaint. 

G.L.N. Prasad (Retired employee.)     20 August 2020

The duty of a citizen is to narrate facts with such date, timings, names of persons etc., and it is left to the investigating officers to register the complaint with such sections.   Police need no suggestions from citizens.  If Police is not cooperating you may file an online complaint and if no action is taken file private complaint.   TIll then maintain a record of events in your own handwriting and take enough precautions for you and your family's safety.  You can also report the matter to your superiors so that they can take up the matter with the police as you are prevented in performing your duties.

Sourav Das (Advocate Supreme Court of India)     20 August 2020

If police is not registering FIR then file private complaint before magistrate.  Then magistrate will take cognizance of the case and direct police to investigate the matter.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 August 2020

You can send your complaint to the higher authorities if F.I.R. not registered. or else approach local courts for filing a private petition in the court. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavoring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.


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