Trespassing and assault
Querist :
Anonymous
(Querist) 23 August 2023
This query is : Resolved
I went to a gated community to play basketball with a friend who I have met only a few times just for playing. He mentioned that he stays there in the community and I entered and no one stopped me at the entry. We played for a while and some time later, a security guard came and asked if we live there. My friend instead of providing details argued with him and fought and beat the security guard and he got a swollen eye. I tried to stop the fight also but in vain. My friend then ran away from the place and I was held and a few people gathered there. The security asked me for my friends details but I only had his phone number. I realized now that he did not stay in this community. I was held and verbally abused for close to 3 hours and threatened to call my friend there so they can beat him up. My friend also stopped picking up his calls. Once they realized I don't have his details, I was taken to the police station. The security seemed to know the police and later took me to an atm and asked for money. He threatened to implicate me if I don't pay up. I paid. In the meantime, the cops called my friend and he eventually showed up. Once he turned up, I was asked to write an apology letter and then let go. I am not sure what happened to my friend. A few days later, the cops called me and demanded for money to remove my name from the FIR. Fearing retribution, I paid up. But I am still getting demands for money from the cop. I am fearful that I don't pay up, they will file a false case against me. Please help.
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
You don't pay anymore to the cops.
Let them take action legally, winch can be challenged at a later stage in the court.
If at all there is a FIR pending against you, you may better obtain anticipatory bail and then challenge the case properly
Querist :
Anonymous
(Querist) 24 August 2023
What is my legal implication or maximum penalty in this case an FIR is filed. Is this a serious crime? Also I am afraid an FIR will screw my background for potential future jobs or even worse get me fired from my current job
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
You have not realised the seriousness while you entered into somebody's house without permission or authorisation.
Moreover you never bothered to stop your friend while he assaulted or attacked the security and remained silent.
When your friend picked up illegal quarrel you should have either stopped it or ran out of that place.
Now you are implicated in the case, you have to some how get out of it
Let them file FIR, you can file a quash petition to quash the same
Querist :
Anonymous
(Querist) 24 August 2023
I did try my best to stop the fight but to no avail.
Is there any leniency towards first time offenders in such cases?
Will I see jail time for this in the worst case scenario?
Which IPC is the FIR likely to be filed?
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
You obtain anticipatory bail and then challenge the case properly in the trial proceedings on the basis of your defence evidence
SIVARAMAPRASAD KAPPAGANTU
(Expert) 25 August 2023
Were there any Witnesses while the scuffle and beating up of the Security Guard was going on? If so seek their assistance in the matter. When you entered the gated community, at the invitation of an inmate it is not considered trespassing. Besides that you did not assault anybody. The inmate of the gated community himself did the assault and you are in no way at fault on any count. Are you sure there is a FIR registered or the Police hand in glove with the Security Guard playing up to black mail you into paying? Demand a copy of the FIR against you. Go to the Police Station with a capable and able local Lawyer seeking copy of the FIR. If FIR is in fact pending take action as suggestion by Expert Shri T Kalaiselvan.
Querist :
Anonymous
(Querist) 25 August 2023
I would like to thank you all for the prompt responses.
I have an update and perhaps I was a bit paranoid that a false case will be filed since money was trading hands. No FIR is filed yet and the cop told me a case was filed with the magistrate. I did not ask for details but its perhaps a non cognizable offence case. The cop assured me that my name was removed from the case altogether since the security mentioned I was not involved in the fight and tried to intervene. When the incident happened, there were a few witnesses also who calmed the crowd who were not believing me and were asking for my friend's details to beat him up. I doubt the witnesses will be willing to get into this hassle if there is a court case.
On that day, I went to that place without worry since My friend who hit and ran away also mentioned he stayed there with roommates or friends and I have whatsapp texts proving that. But later I realized he or his friends did not stay in that property but an adjoining property.
I also know the cousin of an owner of a property of the gated property. The owner and his cousin actually came to calm the angry crowd and help me but the security and residents still threatened to implicate me in the case. My mistake I realize is that I should have taken due permission while entering which I might have gotten anyway and assumed things.
I am still planning to meet with a lawyer and discuss in case I will have any future legal laibilities.
Querist :
Anonymous
(Querist) 25 August 2023
Resolving this query for now
P. Venu
(Expert) 29 August 2023
There is nothing to worry if no FIR is registered. If filed, get a copy of the same and ascertain the offences alleged.
