I don't feel like justice achieved ?
3 years ago
Sir, my father was a leading advocate in our place untill 2018 but due to a fake complaint on him and also due to his negligence he was been prisoned for 30 days and got bail later from high court. After 5 months from this issue there was an another fake complaint failed on my father accusing him as a fraud under section 506,405(criminal breach of trust ) for a land which was bought by my father during 2016 (which I am unaware of and I studied my 11 th at that time)so on this pandemic time my father's health was very poor so he absconded himself because he doesn't want to have a custody by police on him because of covid 19 ,also he applied for Anticipatory bail (for to procced in courts to provide his evidentry facts ),whicle these situations are held I was in my grandmother home , time went off and later police visited my place and asked about my dad in very harsh way(used abusive words) and took me and my uncle to prison and prisoned or detained us for 4 days (not even considering my human rights)and they also never took me to the magistrate within 24 hours (my right to information, freedom of speech entirely forbidden).At this situation my family was very afraid and contacted SI of my place and the sup inspector of my place made a deal like he wants to transfer the land which worth 8 crores to some other for 2 crores and scared my parents and got some money too from then (corruption).so an agreement was made with a CONDITION (that to clear the present and past fake cases on my father) but not registered and the other party (not the complainant)got the original documents too as they don't allow us to sent our propert to anyone else.
Time went by, they haven't satisfied any of those conditions and now they brackmail our family with our original documents to transfer the ownership to them ,if not then they will file a fake FIR on my mom and me . My father is in ICU now and I am 22 year old and I am a student and which these agreements are made,my father and me don't even had any motive or Intention according to sec 8 of evidence law, my mother was very afraid of this situation as she's facing both this issue and my fathers health.. Every one around us starting to blackmail us now . I really had very bad experience in my life due to this issue and mentally affected by those wrong people's . Just looking for justice and someone's help
You can file a complaint for extortion (S.383 IPC) and criminal force (S.350 IPC). However, seeing as the police seem to be against you, this might not be the most effective option. Their corruption can be dealt with once you have an assurance of you family's and your safety. For the fake cases, you can institute a suit of malicious prosecution against them.
The best thing to do at this stage is to approach the High or Supreme Court with a writ petition, you can file for the writs of mandamus(to order public officials to correctly perform their duties) and habeas corpus(in case of unlawful detention).
As you have suffered gross injustice and your fundamental rights have been violated, you can approach the Supreme Court directly with a Special Leave Petition under Article 136 of the Constitution.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a complaint for extortion (S.383 IPC) and criminal force (S.350 IPC). However, seeing as the police seem to be against you, this might not be the most effective option. Their corruption can be dealt with once you have an assurance of you family's and your safety. For the fake cases, you can institute a suit of malicious prosecution against them.
The best thing to do at this stage is to approach the High or Supreme Court with a writ petition, you can file for the writs of mandamus(to order public officials to correctly perform their duties) and habeas corpus(in case of unlawful detention).
As you have suffered gross injustice and your fundamental rights have been violated, you can approach the Supreme Court directly with a Special Leave Petition under Article 136 of the Constitution.
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