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Procedure to file FIR for mischief causing damage to property
17-Aug-2023 (In Criminal Law)
My realtive in bangore had a problem with previous house broker. That broker kept 7500 for himself, taken as security deposit,which he is supposed to return while vacating house saying that its brokerage charge for that house.My relative constantly called him 4-5 days for that money and broker sopke rashly saying that he wont return. My relative, after a week , went in night time to that house and damaged his two wheeler with scracthes and tore seat cover. Nobody knew that it was my relative. But now he is afraid that if broker complains in P.S, they might file FIR and start serious investigation using traffic cameras.Its 3 days till that incident and nobody called my relative yet.He came to my house immediately after that and he is afraid that he may go jail for this. I dnt know what to say him. Will police take it such seriously and if taken how much time for investigation and what will be criminal charges. Can he forget about this, if he didnt receive any call from anybody in a week
Its not a serious offence under Indian Penal Code and If a police officer wants to arrest a person its should be a warrant case and in this case its not a warrant case let the broker files complaint before PS contact me further to this number nine nine eight zero zero five one zero six four
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Adv. Purushotham G.
Bangalore / Bengaluru | 25+ Answers
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Hi, as your broker did not return your money then you should have taken help of police to accept a compliant of cheating and recovery of money from the broker. Now as your relative has damaged his seat cover and made scratches of the bike, it may end up in him paying fine or reinstating the bike in good condition as it was if the same is noticed in the traffic camera in case he lodges a police compliant. If he does not bother about this then your relative can relax and still claim for the recovery of the brokerage amount as stated by me above. Take help of an advocate to send a legal notice first to him.
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Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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Hi...no need to worry much. If he is filing complaint he would have filed it in earlier days only and not in this stage. If he files complaint also then first police will Cal u and warn you and after that only other proceedings will go on . So no need to worry much
Thank you
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Adv. Rama Chandra Shenoy
Bangalore / Bengaluru | 400+ Answers
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