My father is retired govt employee and rti activist of age 65 years. in july 2015 , a dispute rose between two groups of adjoining market peoples when one group( group A) deployed( without any permission) removable pillars ( to block entry / exit of four wheelers) on both sides of main market road . it was opposed by other group ( group B) and they went to D C office who asked A to remove them temporarily and find solution to problems of both sides , meanwhile my father was also asked by both parties to intervene in matter . after 15 days of DC's order, group A again deployed those pillars without caring of DC 's orders. on 25th july my father gave complaint of encroachment to mayor office and EO office about the area in which A&B resides. on 31st august, CTM,XEN,ME of MC Hisar were sent by DC to give final report on the pillar matter . my father was also called by Group B. On 31st August, My Father SUFFERED BRAIN STROKE after coming the market where officers were present. Group A said that 3-4 Members of Group B allegedly scolded him, threatened him for life,used defamatory remarks and used force against him which resulted in his brain stroke, he barely survived after treatment in Medanta Gurgaon which costed us Rs 20 Lakhs. On mY police complaint, every one who was claiming to give statement on oath turned back on us .my father cannot write or talk or walk due to results of brain stroke.police refused to lodge FIR plus i have only one witness others turned hostile. where do i stand in this case ?
In the given case, the offence committed by members of group B is that of assault (when the father was scolded and threatened), battery (when actual physical force was used against him) and defamation.
A suit for criminal charge under Section 352 for assault and Section 500 for Defamation of the Indian Penal Code, 1860can be filed against the alleged members also a civil suit for claim for damages can be filed for commission of a tortious act. A claim for both General -non-pecuniary losses, which cannot be calculated in terms of money (like the resultant inability of the father to write, talk, and walk properly) damages and the Special Damages (pecuniary losses such as the expenses for the medical treatment) can be claimed.
Even though all the witnesses have turned hostile except one it has been decided in various judgements that the evidence of the hostile witnesses cannot be rejected absolutely. The court looks for corroboration to the extent possible and extent of the evidence can be said to be dependable upon a careful scrutiny. As the police has refused to register the FIR it is advised to take remedies that are available in case of refusal to register an FIR. Such Remedies are either filing a writing complainant to the Superintendent of the police u/s 154(3) of CrPC. Also, an Application can be made u/s 156(3) read with section 190 of CrPC, 1973, before the Judicial Magistrate / Metropolitan Magistrate, thereby praying that Police to register the FIR, Investigate the case and file the Report / Chargesheet before him. It is advised to take the necessary actions as it makes a prima facie case against the defendants.
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