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Deepak (director)     27 July 2009

Need Urgent / Expert Advice

Dear Sir,

I have been booked under IPC Sections 452, 352 & 323.  I was arrested but got bail the very next day.  The fact is that i slapped a person who was pestering & trying to molest my sister.  I walked upto his office & slapped him tight across his face.  I don't think i did anything wrong but the only sin i did is that i possessed my licenced revolver at that time.  I did not flash the revolver nor fire ...did nothing. 

However the person who i slapped was well connected & exaggerated the situation and ensured that the police put all the sections against me in the FIR.  The chargesheet has been filed.  My question is: How serious are these sections?  What would be the punishment in the worse case scenario? The FIR does not have any mention of my sister being molested.  Could someone tell me what kind of a mess i am in & how deep does it get.  Thanks a ton for your assistance.

?

 



Learning

 17 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     27 July 2009

face the trail.it is a first line magistrate trail.

no serious sec. are.

why you not complaint  to the police for that, against the person when he was trying to molest yr sister. 

now you can also file the same .

1 Like

aruntrivedi (lawyer)     27 July 2009

file against that person is only better recourse.

1 Like

aruntrivedi (lawyer)     27 July 2009

file complaint against that person is only better recourse.

Gundlapallis (Advocate)     27 July 2009

 Make your sister complain against the teaser first.

Raman ( )     27 July 2009

I agree with Mr. Venkat rao

Preetika Aggarwal (Student)     27 July 2009

yes all r right, Firstly ur sister should file the case under sec. 354 IPC case of Molestation against the accused then ur case will be strong.

ad. creaminall (professional Advocate)     27 July 2009

dear,

According to me it is too late to file any complaint against the said person by you or by your sister. it itreats as a counter complaint file by you or your sister for your defence. So the better way is to face the trail. if you hire some good lawyer then during the trial the truth can come out.

 

vikas (advocate)     27 July 2009

Dear u must file d case u/s 354 IPC against dat anti social element. Must hire a gud adv. Who cn easily prove dat sec. 352 nt applicable upon u bcz. Of provocation and the court mite be liberal wid u bcz. D interest of d INDIAN society demands so.

(Guest)

At your trial do not forget to examine your sister  as a defense witness. Has the complainant stated in the FIR the reason for your slapping him?

Dharmesh Manjeshwar (Advocate/Lawyer)     29 July 2009

Any complaint filed by u or ur sister will be countered as an after thought ...... since it's too late now ....... the best option would be to face the trial and bring out the truth therein with evidence.

Deekshitulu.V.S.R (B.Sc, B.L)     30 July 2009

You are right Mr Manjeswar.

Any attempt will be an after thought and would not strengthen your case Mr.Deepak. While defending your case you have to bring the fact that the complainant in your case is teasing your sister and as you objected for the same he filed the  false complaint.  Try from that angle


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CRIMINAL CASE FILED AGAINST YOU AND YOUR ACTION PLAN, KINDLY NOTE THAT

1.YOU HAVE TO DEFEND YOUR CASE STRONGLY. YOU MAY TAKE THE DEFENCE THAT DUE TO SUDDEN HEAT OF ANGAR DUE TO THE COMPLAINENT WAS TRYING TO MOLEST YOUR SISTER YOU SLAPED HIM. ANY ACT DONE WITHOUT PREPLANING AND WITHOUT ANY INTENTION, MOTIVE  AND DONE IN A HEAT OF ANGER IS A GROUND FOR YOUR DEFENCE AND IT IS NOT AN OFFENCE .YOU WILL SUCCEED AND GET ACQUITAL.

2.KINDLY NOTE THAT YOU HAVE TO PROVE THE FACTS IN THE COURT THROUGH DEFENCE WITNESSES WHO WITNESSED THE INCIDENT OF YOUR SISTER BEING MOLESTED BY THE SAID PERSON.YOU TAKE CARE THAT THE DEFENCE WITNESS IS NOT YOUR RELATIVE AND IS INDEPENDENT PERSON.

3. KINDLY NOTE THAT YOU WERE CARRYING YOUR  LICENCED WEAPON .AND YOU HAVE TO PROVE THAT YOUR INTENTION WAS NOT TO KILL THE SAID PERSON.

4.KINDLY SEND THE COPY OF F.I.R. FILED AND CHARGE SHEET FILED AGAINST YOU. AND ACTS AND PROVISIONS OF SECTIONS OF I.P.C. AND ARMS ACT AND OTHER PROVISIONS.  I HAVE WON SEVERAL CRIMINAL CASES AND GOT ACQUITAL FOR ACCUSED UNDER SECTIONS.302,304  306, 498 A, AND EVEN UNDER NARCOTICS DRUGS P.S.ACT.WHICH ARE MOST SERIOUS OFFENCES THAN YOURS. I WILL SUGGEST YOU BEST POSSIBLE DEFENCE IN YOUR CASE.AND ASSURE YOU OF ACQUITAL FROM THE CASE AGAINST YOU.

5.KINDLY NOTE THAT  AS THE SAID PERSON AND POLICE HAVE FILED FALSE COMPLAINT AGAINST YOU , YOU HAVE TO FOLLOW POLICY OF TIT FOR TAT. YOU URGENTLY FILE A PRIVATE COMPLAINT IN CHIEF JUDICIAL MAGISTRATES COURT AND MENTION ALL FACT OF THE INCIDENT WHICH HAS ACTUALLY HAPPENED AND ALSO MENTION THAT THE SAID PERSON IS CONTINUING THE SAID ACT AGAIN AND AGAIN AND ALSO THREATENING YOU AND YOUR FAMILY MEMBERS TO BEAT AND KILL .YOU SUPPORT YOUR STATEMENTS IN COMPLAIN WITH SOME WITNESSES TO SUPPORT YOUR COMPLAINT.

6 KINDLY NOTE THAT PROCESS WILL BE ISSUED AGAINST THE SAID PERSON AND POLICE WILL BE ORDERED TO PRODUCE THE SAID PERSON IN COURT AND FACE CHARGES IN CRIMINAL CASE FILED BY YOU . tHIS CASE WILL MAKE THE PERSON REALISE THE HARDSHIPS OF ATTENDING THE COURT AND THERE ARE CHANCES THAT THE SAID PERSON WILL BE FORCED TO COMPROMISE THE CASE WITH YOU.BUT KINDLY REMEMBER THAT COMPLAINT FILED AGAINST YOU AND COMPLAINT FILED BY YOU SHOULD BE COMPROMISED ON THE SAME DATE AND DO NOT TAKE BACK COMPLAINT FILED BY YOU BEFORE THE COMPLAINT AGAINST YOU IS TAKEN BACK BY THE SAID PERSON.

7 KINDLY NOTE THAT IN CRIMINAL COURT PRACTICE ONE SHOULD BE STREET SMART AND BE TOUGH AND CONFIDENT YOU WILL SUCCEED.

8 KINDLY NOTE THAT AS A BROTHER OF YOUR SISTER , YOU HAVE DONE THE RIGHT THING.AND  I MUST CONGRATULATE YOU FOR THE SAME.IT IS A DUTY OF EVERY BROTHER TO SAFEGUARD THEIR SISTERS.

9 YOU WILL GET PROTECTION FOR PROVISIONS OF CHAPTER ON GENERAL EXCEPTIONS AND ALSO THE FACT THAT DURING HEAT OF ANGER  WITHOUT ANY PREPLANING AND WITHOUT MOTIVE , AND WITHOUT ANY INTENTION  THE INCIDENT TOOK PLACE.

10. KINDLY NOTE THAT THE MAGISTRATE HAS RELEASED YOU ON BAIL IMMEDIATELY , IT SHOWS THAT THERE IS NO SUFFICIENT EVIDENCE AGAINST YOU. YOUR QUALIFICATIONS SPEAK ABOUT YOU HENCE KINDLY PRODUCE CERTIFIED COPY OF YOUR DOCTORS DEGREE CERTIFICATE IN THE COURT AND PROVE THE SAID DOCUMENT IN COURT BY EXAMINING THE CONCERNED DEFENCE WITNESS.

11 KINDLY FURTHER NOTE THAT PREVIOUS CHARACTER OF ACCUSED IS RELEVENT IN ANY CRIMINAL CASE. YOU MAY PROVE THAT NO CASE IS PENDING AGAINST YOU IN ANY OTHER COURT.

12 FROM THE FACTS OF THE CASE IT SEEMS THAT THE PERSON WHO HAS COMPLAINED AGAINST YOU HAS A PREVIOUS CRIMINAL RECORD AND EXPERIENCE .YOU CAN GET THE DETAILS ABOUT THE SAID PERSON FROM INTERNET AND CHECK IF ANY CRIMINAL CASE IS PENDING AGAINST HIM IN ANY CRIMINAL COURTS. IT WILL PROVE HIS BAD CHARACTER AND HELP IN PROVING THE CRIME AGAINST HIM AND PROVE YOUR INNOCENCE.

13. ANOTHER OPTION FOR YOU.KINDLY NOTE THAT IN ANY CRIMINAL CASE FILED AGAINST YOU ,YOU HAVE TO TAKE DEFENCE OF TOTAL DENIAL OF ALL ALLEGATIONS MADES AGAINST YOU. NEVER ADMIT ANY THING WHICH IS COMPLAINED AGAINST YOU . EVEN YOU HAVE TO DENY THE FACT THAT YOU EVER WENT TO THE PLACE OF COMPLAINENT .IN THAT CASE THE COMPLAINENT HAS TO PROVE EVERYTHING WITH EVIDENCE AND DEPOSITION OF WITNESSES IN THE COURT. AND AN EXPERT CRIMINAL LAWYER CAN DEFINATELY TAKE ANY SINGLE OPPORTUNITY TO PROVE YOUR INNOCENCE

14  IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND THE DETAILS.WILL DEFINATELY HELP YOU.

 WITH BEST REGARDS TO YOU AND YOUR SISTER AND ALL FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

 

 

1 Like

Bhumik Dave (Law officer)     22 August 2009

Don't worry but ur sister should file complaint against the person.

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

FURTHER TO MY ABOVE REPLY TO YOUR MATTER KINDLY NOTE THAT

1.YOU MAY FILE A WRIT PETITION  TO THE HON'BLE HIGH COURT HAVING JURISDICTION FOR YOUR AREA AND PLACE OF OFFENCE FOR QUASHING THE F.I.R. AND CHARGESHEET AGAINST YOU UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE.

2.KINDLY ENCLOSE ALL CERTIFIED COPIES OF F.I.R., AND RELEVENT CASE PAPERS FROM THE CHARGESHEET  TO YOUR APPLICATION FOR QUASHING THE COMPLAINT AGAINST YOU.HIGH COURT HAS GOT JURISDICTION AND AUTHORITY FOR QUASHING SUCH FALSE COMPLAINTS PLEASE NOTE .AND THERE ARE CITATIONS UNDER SIMILAR CIRCUMSTANCES PLEASE NOTE.

3.BUT KINDLY NOTE THAT  A CROSS COMPLAINT FILED BY YOU AGAINST THE SAID CRIMINAL PERSON  WILL MAKE YOUR CASE STRONG AND THEN THERE ARE MORE CHANCES OF HIGH COURT QUASHING COMPLAINT AGAINST YOU.

4.KINDLY NOTE THAT THE ADVANTAGE OF FILING SUCH APPLICATION TO THE HIGH COURT UNDER SECTION 482 OF CRPC. WILL BE THAT HIGH COURT WILL CALL RECORDS AND PROCEEDINGS OF CASE PENDING AGAINST YOU AT LOWER COURT/SESSIONS COURT AND MAY STAY THE SAID CASE TILL FINAL HEARING OF MATTER AT HIGH COURT. IT WILL  REDUCE YOUR UNNECESSARY HARASSMENT FOR ATTENDING THE LOWER COURTS ON  REGULAR DATES AS ACCUSED PLEASE NOTE.

IN CASE YOU  NEED ANY FURTHER HELP KINDLY SEND ME THE DETAILS ABOUT F.I.R.AND CHARGESHEET OR YOU MAY CALL .

WITH BEST REGARDS TO YOU, YOUR SISTER AND ALL OTHER FAMILY MEMBERS AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.


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