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Drhirdyesh Pant   21 August 2021

unaware of police complaint against me

I recently got to know a complaint has been filed against me 4 years back by my sister in the police station as well CAW cell. I was unaware of this till now because I was neither informed or investigated by the police on the said matter, nor I was sent any notice on the same by police or CAW cell. . Now she is using that complaint against me in the ongoing legal battle over property. How come I wasn't informed? Can I take action against the police over this? How come I wasn't made aware of these false accusations against me in all these years! and had I known about the complaint at right time.. I could have taken appropriate step against her but knowing about it now has weakened my case as she has accused me of physical abuse over property. In the said complaint. Please suggest.


 6 Replies

Dr J C Vashista (Advocate)     21 August 2021

The complaint before CAW Cell stated to have been filed 4 years before without investigation is presumed to be closed, which may be as non-cognizable, however, it can be opened at this stage.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     21 August 2021

First, file RTI Application and seek copies of such complaints from the Police and CAW, as you are an alleged victim of false complaints, prepare for collecting that evidence which establishes that the allegations in the complaints are false.  As you are residing in a  DD Flat owned by your father, and your mother is having a GPA and residing separately in Govt quarters for 2+ years, you need not worry about the pending complaints, for which no action was taken by CAW/Police.  The presumption is those were directed to bring threats on you and your wife for your wife not bringing Dowry, and complaints might have been considered as 'Civil disputes" on the property and the authorities may not be having jurisdiction to admit complaints.

1 Like

P. Venu (Advocate)     22 August 2021

Admittedly, you have no notice of the alleged complaint. As such the averment made in the legal proceedings is of no evidentiary value.

By the way, what is the "legal battle" you are referring to and how it is made use of.

Drhirdyesh Pant   28 August 2021

I just noticed that the eviction notice notice sent to me in 2019 by my mother had a mention of a complaint against me filed in police station in 2017 in sarojini nagar. However now the copy of complaint that she attached in a petition in high court shows police complaint against me in RK puram and copied to CAW. Can I use this against or their lawyer could get away by saying its a typing error? By the way that complaint shows DDno but no name of IO or reading officer and Infact date isn't clear at all. And it is typed not handwritten in Hindi. Seems purely in lawyers language.

G.L.N. Prasad (Retired employee.)     28 August 2021

Just focus on what is in hand and find a remedy. Noticing a mistake in the eviction notice sent in 2019 and pointing out some discrepancy in the copy of said police complaint filed in 2017 to the petition in High court is in no way serve any purpose in 2021 If the petition is filed in High court, defend the same through a local advocate and read your first post and the petition is filed by your mother.

P. Venu (Advocate)     28 August 2021

Your further posting suggests that there are deeper issues. Please post complete facts.

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