Deepak Kumar
Asked August 27, 2016

Criminal case harassment

  • 1 Answer
  • 166 Views

We have DDA Flat in Sarita Vihar, New Delhi, this is our property name of my Father, But one day Few Criminal People will forcefully pick my father and do forcefully create Notary Paper, and do forcefully Position in Our Flats. So we complain Police but police is not right support. So we go to Court Case will give dates, but result is not get end. That reason we lose so many things. My mother is emergency in safdarjung hospital. So we pray to god please help in timely. Otherwise our family is death. Our Indian Law procedure is very very weak, that reason Criminal person creates harassment activities. So this time our Lawyer is assuring with us, but we have to death position. We have no income our family, we are depending our relatives. So many Lawyers say case is positive for you, but we tension my mother in Hospital bed. Our Economy condition is not good, so we do not hiring a Lawyer. Please Help me.

Answer 1

I have thoroughly studied and understood the problem, there are certain things which I could suggest.

Firstly, I would like to emphasise upon the criminal activity. You have the right to lodge a complaint against the people involved in the criminal activities in the nearest police station, and the station officer is obliged to register the complaint under the criminal procedure. The statement of the informant i.e. you, as recorded under Section 154 of the Code of Criminal Procedure as the FIR. It is mandatory and concerned officer is duty bound to register the case on the basis of the information disclosing commission of the cognizable offence[1]. Also, regarding the expenditure, the prosecution would be on behalf of the State, as this would be a criminal matter.

If the matter would be civil in nature or if you are aggrieved with something that is civil in nature, then the Code of Civil Procedure has provided with the relevant provision to file a suit as an indigent person[2] where the court after due examination of the person borne the expenses.

Also, in the recent years, the legal aid campaigns have gained momentum. The State Legal Aid Cells have been devolved with the duty to provide legal assistance to the marginalised sections of the society. Contact your local lega aid clinic and find out if they can help you out.

 

[1] Lalita Kumari v Govt. of U.P. (2014) 2 SCC 1

[2] Order XXXIII. Suits by Indigent Persons

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