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Kumar Kaushal   22 August 2018

How to deal with non-cognizable false counter case filed in response to my cognizable case.

I filed a complaint under section 324 & 506 against 3 persons (one man & two women) who assaulted me with a base bat on no provocation at all within my own gated apartment on 21-April-2018. The accused is also a resident of my apartment building. Police filed an FIR against the man only that too after I made a complaint to DCP, as the police was trying to threaten & intimidate me against filing an FIR. Possible reason could be that I am Hindi speaking North Indian & the accused is local kannadiga (Bangalore, Karnataka).
Now due to DCP's telephonic intervention a case is register under 324 & 506. But the police cleverly omitted women from the case. One of those women (main accused's wife) filed a counter case against me two days later through a magistrate order under section 504 & 506. I was never informed about this.

on 8-Aug-2018 I called police station to enquire about the charge sheet in my case. Police asked me come to station as some formalities needed to be fulfilled as they were ready to file a charge sheet to magistrate court as my case is cognisable. But I was arrested within the station and forced to sign a bail bond & give my entire personal details to their PSR register. Next day I asked police inspector if he has magistrate order for the non cognisable counter case filed by the wife of main accused? He showed me the magistrate permission granted on 23-April-2018 but he didn't have any magistrate judge issued court warrant.

I seriously think the police has committed a crime here. kindly advice how to proceed further?


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 3 Replies

Kumar Kaushal   22 August 2018

Some corrections: Weapon used during the assault is base-ball bat. Police confiscated the weapon on 22-April-2018.

I was never shown any magistrate order to file the non cognisable counter against me or magistrate issued arrest warrant the day police arrested me in the station when I reached there to enquire about my case.

Dr J C Vashista (Advocate)     22 August 2018

If the police did not include the woman in the complaint filed by you (which is cognizable u/s 324 IPC) you should move to the court.

You have stated to have been on police bail in counter FIR for which you will have to contest.

Consult and engage a local prudent lawyer for proper guidance and proceeding. 

Kumar Kaushal   22 August 2018

Dear J C Vashista Sir: How can I get the two women's name included in my charge sheet as it has already been filed in an acmm 2nd court. Also as per police the counter case is still under investigation. Can I take legal action against police station, as they clearly harassed me.

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