Ipc
Prakash Alva
(Querist) 29 September 2013
This query is : Resolved
Sirs,
Request advise.
A close relative and his wife not in station.
There was a threat call alleged to have been originated from the BSNL number of this house, to an MNC. Police personnel visit the house where in two elders ( in laws)over 80 year age were present along with a maid with known lower IQ. Two teams of Police come and check phone
and say call originated from this number, on confirmation by redialing . They suspect the maid but later say possibly it is on account of mis communication and wrong dialing .Maid refuses to acknowledge that she ever made a call. Similar incident of a hoax call occured to the sister unit in a neighboring city, on the same day earlier, as such the explanation is a suspect.
However, the problem started not on account of the above. There came a third team along with a" dynamic" ACP who came in to the house intereogated the maid and the elders in the house. along with fellow officers and juniors.It appears and learnt that there was some rude posturing by the ACP when addressing the elders. Meanwhile there were other family members and friends gathered in the residence. Every one was courteous to the ACP who was a lady except asking or giving general questions/replies.
The lady ACP left the house and later files a FIR under IPC 353 and 34 alleging that "the members of the house obstructed justice by talking in raised voice, without giving information , and stating that actual call was never made from this house , and we know the law etc".My relative, who returned back by then from out station visited the Station house on courtsey,and the officers at the local station conveyed that every thing is in order. However we learnt about the referred FIR and steps to protect our members taken temporarily.
We are totally bewildered by the events and have engaged a criminal layer to obtain a bail. But what bothers us is can a innocent law abiding family with no antecedents of any criminal records, who always have been cordial and helpful to authorities , with accused members well educated in operating in Institutes of calbre be subjected to a humiliation of this sort, because a responsible officer feels that she has a ego problem. We Can't live with a stigma on account of some "person's ego trip.
In this case there is ample proof cooperation by our family supported by third parties, in spite of police having no authorised warrants or papers, on account of gravity of alleged situation.
Sirs , can you a give and and advise a solution this kind of atrocity, and steps to be taken in this regard.
We do not wish to have any kind of criminal records on our members, when we are innocent.
I would appreciate and look forward to your learned advise.
Thanking you
Prakash
R.K Nanda
(Expert) 30 September 2013
consult lawyer personally.
Rajendra K Goyal
(Expert) 30 September 2013
"person's ego trip' atrocity can be faced through high officials or politicians, for law abiding sincere people it is horror to satisfy and face.
Consult a lawyer to defend you.
Prakash Alva
(Querist) 02 October 2013
Dear sirs,
Thank all of your replies. we are going ahead as suggested.But the process of getting a bail for our members takes its own time as we have learning.There are teachers and a student among them.
The FIR filed named two individuals and two others "without naming". we however included the names of two likely others who were in the vicinity, in the bail application.
we are looking forward to a favourable
consideration,by the court.
Any suggestion how to go about, to bury the whole affairs amicably, also would be welcome.
Prakash
