ANIL KUMAR JHA (abc) 23 November 2013

Misuse of sec 452 and 354

Dear All Expert,

please help, we are approx 50 person members of committee(chit fund) oprated by a family in our colony. we have invested lots of money there in last five year. (approx.1.5cr) . now from the last 15 month they are making us fool to return the money. On 10/11/2013 we approx 4 person went to them asked for money they started abusing us and said that we will not pay a penny. Then we have call 100no. (called the Police) in between approx more then 100 person gathered there. police came to the site and accept our complained signed by approx. 25 members at the spot. But they have lodge False FIR on 12/11/2013 against us u/s.452, 354,509,34ipc. falsely and put 9 person name including me pls save us, stating that we have assualt her daughter in law and try to rape her. How can we save ourself and get back our invested money. pls suggest.

Reply Follow

3 Replies

Laxmi Kant Joshi (Advocate ) 23 November 2013

1.if the chit fund committee which is not registered in the registrar office has no legal value , the members who are depositing their money in that chit fund are totally on their own risk , because the chit fund operator are not licenced holder for doing such financial work . 2. if the operator of that said committee is denying to return your money or giving any type of threat to you , you all should had to be approach to the police station and filed a collective complaint against them .3. you had done the mistake to enter their premises(Home) and make a fight with them and assault her daughter in law to intention to outrage her modesty(physical touch to her ) , and uttering filthy words to insult the modesty of a woman .4. section 452 &354 ipc both are non-bailable offence hence 509ipc is a bailable offence .5.immediately engage a lawyer for your AB otherwise an arrest can be made any time , try to solve your matter amicably and also with the help of your lawyer solve your problem with the io , otherwise you will be put behind the bar for at least 7 years. 6.if you are innocent in this case then keep evidences with you. 7. had any medical made by them of any kind of hurt in this course of action . 8. had you file any counter fir against them, any medical etc.

T. Kalaiselvan, Advocate (Advocate) 23 November 2013

I agree with Mr. Laxmi Joshi. At the first instance you have done a wrong thing by creating problem at his residence instead you could have gathered your people and lodged a complaint with the District Superintendent of Police/City Police Commissioner, who in turn would have ordered an inquiry by the Economic Offences Wing Police and then there would have been some relief. However now you can obtain AB and contest the case.

ANIL KUMAR JHA (abc) 26 November 2013

Dear sir,

1. we have'nt seen her, we only four member with our familiy ,just have a talk with her father in law at his shop in the market he himself asked us that come with me we went with him to his house . when we reach there her mother in-law started to thretning us. then

2. we ourself call the police and narrated our story to police officer. and submitted our written complaint to police about our money and their behavior. at 1.10 pm on 10/11/2013.

3. after discussion/investigation with the both the parties police accepted our complaint signed by approx.25 members at spot.

4. After few hours drama begun and they again call the police at 4.35 pm and file false complaint against us. on 10/11/2013

5. on 12/11/2013 they registered FALSE FIR against the member stating crime time at 10.30 am on 10/11/2013.

pls help