Legal Question in Civil Rights Law in India
can cpc 39 used as information to court
my relatives beat up my father when i was away from home, now, a lawyer has told my father that if he submitts an information report under cpc 39 to court, that will help in putting up a case, if the incident is repeated and that will also bar the accused from filing a case, if the incident is repeated
4 Answers from Attorneys
Re: can cpc 39 used as information to court
Act of your relatives is crime under Indian Penal Code which needs immediate report to local police station in term of FIR. Action is responsibility of police. So far as report under Order 39 of CPC is concerned, it is civil matter, needs study of documents. Prima facie it has no relevance with criminal act.
Re: can cpc 39 used as information to court
yes, ur father may file a suit for permanent and mandatory injunction against the offensive relative and if after the injunction order, the relative does any act, he would be held for contempt of court.
Re: can cpc 39 used as information to court
First of all your father should lodge a criminal complaint in the local police station.
Re: can cpc 39 used as information to court
Your father should lodge a report with the police against all those who attacked/beat him.
Your statement is unclear about cpc 39?
Please let me know if any proceeding/case is pending in any court?
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