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What should I do if the police do not follow the court's order? Can it be considered contempt of co


17-Jul-2024 (In Criminal Law)
Sir, A lady obtained a final police protection order and residence order from the court of the Judicial Magistrate under the P.W.D.V. Act. The case was disposed of in 2018, directing her brother not to disturb, commit any acts of domestic violence against her, insult her, evict her from her father's house where she resides, or disconnect the electricity to her room. The court also directed the O/C of the local P.S. to provide necessary protection and assistance to the victim lady if needed. Despite this, her brother continuously tortures her mentally and physically, and she has lodged several complaints with the local P.S. seeking protection based on the court order. Unfortunately, the O.C. is not providing any protection. The court order is being violated by the police and the O.P. In this situation, can she go to the High Court based on this order? Is it possible according to the law if a court order is not followed in India, and can it be considered contempt of court?
Answers (2)

Answer #1
657 votes
file police in action in form of a writ against the police, hope you have written documents that police has not been been providing protection. Moreso, if electricity is disconnected, get hold of the record why it has been disconnected, it will help you to move before high court or any higher forum of law.
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Answer #2
504 votes
Yes you file a writ under Article 226 of the Constitution of India for police inaction.you can also file a case for contempt of court against the officer in charge whome direction was given by the judicial magistrate for violation of the solemn order.
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