Haraasnent of senior citizen woman by neighbor
11 months ago
My mother was alone at home and neighbor under the effect of alcohal abused and used foul language.. She called police on 1091 ans 100 .. Police came, but he locked himself in his home and police failed to carry any alcohal test.. Mother gave police a written complaint.
Next morning police is calling my mom to PS.. She was pld n sick and could not go to ps, police till now did not lodge any FIR. Inspite calling her to PS.. Somehow she mananged to go to PS in the night around 8 PM.. But no one was available.. Insipte of action on accused or lodging a complaint or giving a copy of complaint.. Police only want my old senior citizen mom to visit PS again and again.. She is in state of distress. What shall we do . Is there any law to help a woman of such age.. She is being treated as an accused and real accused is feeling heven.
As per the information you have mentioned there are some remedies you can avail:
1. If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach the Superintendent of Police or the Commissioner of the police with a written complaint it upon analysis of the complaint, the S.P. of the Commissioner is satisfied that it discloses a cognizable offence, he may either investigate the case himself or direct his subordinate to register the FIR and initiate investigation in the matter.
2. If the above listed remedies go in vain, the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 1563) read with Sec. 190 of the criminal procedure thereby praying FIR to be registered by the police and investigation into the matter. A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to register the FIR
3. A Writ Petition may be filed in respective High Court for seeking damages/compensation, if the inaction of the Police on the complaint/non-registration of FIR has resulted in frustration/deprivation of life and liberty of any person, guaranteed under Article 21 of Constitution of India
4. Also complaint under section 166A of the Indian Penal Code against police officer who refuses to register FIR
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