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Urgent help needed from fellow dimers

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PROCRASTINAT...

My parents have gone to claim their ancestral property. Brothers of my father are not ready to give any share in it . Contractor was a sc/st guy my parents were not able to understand the gravity of situation. He started to ask more and more money without doing an agreement and threatened me that if I wont give the money chowki incharge will take 50k on his behalf .later on I changed the contractor and tried to restart my work but he keep calling 112 on me and police kept stopping my work for no valid reason.he filed a fake scst case under 156(3)against my whole family.one day police came twice to stop the work and when I was home for lunch they misbehaved with labourers .I called the chowki incharge and enquired about the situation he asked me to come to chowki to settle .My father called 112 after an hour because of verbal argument with his brother ,chowki incharge came and booked my 67 years old father itself along with my mother and myself in 151 crpc as  protective arrest.Not only this my father was slapped brutally and my mother was misbehaved by constables .

What should be my approach from here ?

Does police have right to arrest the person calling 112 ?

Does police can book anyone just to complete quota of five people in 151 crpc ?

I have an appointment with IG this Monday how should I present myself ?

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Critic Critic
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Immediately hire a good lawyer & think of the hiring cost later.

Pro Community Angel Pro Community Angel
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Take legal advice please.

Benevolent Benevolent
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the sc st guy is in collusion with your fathers brother. hire a good criminal law firm, not lawyer, they will get him out very quick and before they even ask you money to settle the sc st case, they will help you to file some counter cases on them.

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Critic Critic
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Immediately hire a good lawyer & think of the hiring cost later.

Pro Community Angel Pro Community Angel
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Take legal advice please.

Shopping Friend Shopping Friend
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If the case is registered under SC /St act (worst thing Modi gov. did) there is nothing you can do. Hire a lawyer and try for bail which won't be even possible due to weekend.

Deal Cadet Deal Cadet
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I don't think modi govt created this act.

do you mean something else by "(worst thing Modi gov. did)", which modi govt did related tot his act?

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Deal Subedar Deal Subedar
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Bro contact local politicians and reach rich people who have influence and reach in police . 

Otherwise this SC/Sct act will screw family. 

This draconian law is worst thing ever happened india. 

Just put all things clear with truth to IG . 

But even he can't help because law is bad and only court can help.

Good lawyer can save you. 


god bless you and your family .
stay strong . 🙏🙏
Heart of Gold Heart of Gold
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Contact good lawyer and Go to Court...

Your uncle may be involved in this.

Deal Baba Deal Baba
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Matter is different. 

It's your Uncle's plan & he may have bribed the Contractor ?

Does he have good connection in police ?

Deal Cadet Deal Cadet
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I second that .. uncle should be involved in this

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Benevolent Benevolent
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the sc st guy is in collusion with your fathers brother. hire a good criminal law firm, not lawyer, they will get him out very quick and before they even ask you money to settle the sc st case, they will help you to file some counter cases on them.

Deal Lieutenant Deal Lieutenant
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interesting
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Avant Garde Avant Garde
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This is way above the pay grade of people here.

Dont take advice from here and take legal help asap.

One thing I can add which may help is to record everything.

Every convo with any person, record it on phone.

Tech Guru Tech Guru
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@PROCRASTINATING_VIGILANTE I'm very sorry to hear of your situation. 

1) You mentioned appointment with IG, I don't know if he/she can or will do anything for you. But I suggest you to write a detailed complained letter to ig, about your situation you faced, and role local  police played.

Get that letter's Xerox copy received.

2) Hire a good lawyer and approach lower courts, or  high court if you can afford, to squash the FIR against you.


Which state did this happen in ?

Tech Guru Tech Guru
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"The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure (arrest to prevent the commission of cognizable offences), without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice..."


Source:

https://www.livelaw.in/news-updates/police-can-...

.............


PDF Copy of the Kerala HC order:

https://www.livelaw.in/pdf_upload/2037000194020...

.........

I hope it helps you a little.

My personal experience is always know your  Fundamental constitutional rights and laws used against you, because in our country even  Lawyers can be bought or influenced.

@PROCRASTINATING_VIGILANTE


pray Jai Hind. Satyamev Jayate.






Critic Critic
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Just fyi, above does not apply to cases under prevention of atrocities against sc/st act.
Deal Lieutenant Deal Lieutenant
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1.Hire a good senior lawyer who has good reputation to get things done ( legally& illegaly). 

2. Contractor is in cohoots with your uncle to harass your family so that you can compromise or sell the land at cheap price.

3. If you want to pursue the case file a case after consultation with lawyer on the contractor, person who misbehaved with your father and your uncle on ground of physical violence, criminal intimidation under relevant CrPC. Plus lawyer can help you add other charges to make your case stronger.

PS- In my personal opinion don't let your property matter go to court as it would be a headache for you and your family and whatever plans you have with that land can be put on hold for long time. And be aware of your uncle and never let your guard down in any matter while you and your family are there.

Post Emperor Post Emperor
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There we go. Banana republic. 

Find influence people and beside ready to loose some money for bribe, thats how police works.

Deal Subedar Deal Subedar
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Firstly hire a good advocate. While hearing the bail petition judge will ask, then do mention that your father got beaten by the police.

Deal Lieutenant Deal Lieutenant
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Ancestral property. Brothers of my father are not ready to give any share in it . Contractor

Are you building on an undivided property?

Helpful Helpful
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Kuch nahi honewala

SSP relative HAI aur Mai khud advocate hu ....phr bhi justice bohot mehanaga hai is duniya mein ....wo Mc chowki incharge mere swag se jalta tha bc badla le liya ...

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