False case of 354a without any evidence
Neelima
(Querist) 29 April 2014
This query is : Resolved
Hi All,
I have a close family friend (male) who has been alleged for 354a in November 2013. The female has put a false case of robbery and physical abuse. There is no evidence of the act taking place as it had not ever happened. The people that she claimed to be the evidence have given written statement of the fact being false. The female is 30yrs and the boy(22yrs.)
The police has not filed the charge sheet as of yet.
It seems that she is trying to make money out of this situation.
Can someone suggest of the where about and the next steps to be taken.
Thanks & Regards
ajay sethi
(Expert) 29 April 2014
wait for charge sheet to be filed
Neelima
(Querist) 29 April 2014
Thank you Mr. Sethi
The charge sheet is on hold, the PI has been instructed by the current lawyer to not put submit the charge sheet. It seems that there was a motive shown behind the attack mentioned in the FIR which makes the case weak for us. The lawyer states that the more the delay for the charge sheet to be submitted the more benefit to us. Is that true. My friend needs to apply for further studies abroad and if the case starts and takes too long, his career will be at stake.
We have been advised that if the case gets started in the court and since it is related to a woman, there can be negative consequences.
Please suggest.
Devajyoti Barman
(Expert) 29 April 2014
Ask your friend to take bail first. once it is obtained, half the battle is won.
If your friend has no wrong then he has nothing to worry. The case on trial would be concluded in his favour only.
Neelima
(Querist) 29 April 2014
He has been released on bail within two days (arrest in November), since then the lawyer has been mentioning that we should not look up for the case to stand in the court , but rather try for dimissal on the first day itself. We have been attending his office everyday, but to disappointment they keep saying that the charge sheet is not in our favour so we need to manipulate and i am sure you know what it takes to manipulate. We have already spent a lot. Not sure if the right thing is done or we just filling someones pocket of our hard earned money
Devajyoti Barman
(Expert) 29 April 2014
The case can not be dismissed on the very first date. Bear this in your mind clearly.
Lawyer is correct when he says to wait till charge sheet.
Quashing of case is an option but that too is very rarely allowed and it is done only after submission of charge sheet.
Without undergoing trial he has no short cuts.
Neelima
(Querist) 29 April 2014
It seems if there can be any out of court settlement, which is out of my understanding. Also i would like to know since the female is not following up, or maybe the situation is just made up to be harsh in front of us. Coz i haven't heard from her since December. Does it help us if she is not following up, can there be any ray of hope. The charge sheet is being delayed from the lawyers end.
Sourav Das
(Expert) 30 April 2014
if charge sheet is not filed within 90 days, you can move high court for quashing of FIR and all the criminal proceeding u/sec 482 of CrPC.
Raj Kumar Makkad
(Expert) 30 April 2014
Accused has got no right to move before high court seeking quashing of FIR on the ground of non-filing of charge-sheet within 90 days of lodging FIR.
It is wise to wait for the completion of investigation.
Neelima
(Querist) 30 April 2014
There is no investigation happening. All the documents of evidence - that is the statement of the witnesses mentioned by the female, have been submitted by us to the police and the file is just lying in the PS. No formalities pending. All her witnesses are in our favor and have given statement in written. I don't understand what basis she even took their names.
Devajyoti Barman
(Expert) 30 April 2014
you are adequately advised..now act as per your choice.
Neelima
(Querist) 02 May 2014
Thanks for all the advice. I am sorry that i am troubling. I understand that i should wait for the Charge sheet to be filed. My concern is my current lawyer and the police in charge are not filing the charge sheet saying that it is against us. They have demanded for a huge amount and they say that they will weaken the case. I would like to know is it advisable to approach a senior inspector or change the lawyer. Will that help and narrow down the wait and procedure.
Neelima
(Querist) 05 May 2014
All this means that i have to wait till the charge sheet is filed and then fight the case in the court
