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Aravind Yedire (I T Analyst)     04 September 2018

Section 354

Dear Lawyers/Experts,

A girl has filed a complaint against my cousin brother, as he accidentally touched her while travelling in the bus. The FIR has been filed under 354 section.

As most, this is the first time we are dealing with police station and court proceedings.

Can someone guide me what happens now and what is the whole process?

Thank You.


Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 September 2018

Sir,

 

If the FIR has been filed, first thing to do is to take anticipatory bail. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

Kumar Doab (FIN)     04 September 2018

You should be aware if complaint is made or FIR is lodged, charge sheet is filed and penal sections contained therein.

Ask your brother in private to tell the fats and truth to you and elders of the family and well wishers and what exactly ha stranspired and who and how many are witnesses, corroborating facts/evidences, glaring presencde of intention to outrage the modesty or NO intention…..

You may ASAP alongwith elders of the family, competent and experienced well wishers, seasoned community leaders, PIP’s, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, inputs including said complaint/FIR, ( corroborating) evidences on record .., and even help to get bail and so as to defend your long term interest.

There are such very able counsels at each location.

Check for such counsels at LOCAL CIVIL courts..HC,SC

Kumar Doab (FIN)     04 September 2018

In the meantime you may GO thru;

 Supreme Court of India

Pandurang Sitaram Bhagwat vs State Of Maharashtra on 17 December, 2004

Author: S.B. Sinha

Bench: N. Santosh Hegde, S.B. Sinha

 

Delhi High Court

T. Manikadan vs The State (Govt Of Nct Of Delhi) & ... on 10 January, 2017

 

Bombay High Court

Rajesh Swarupchand Kankaria And ... vs The State Of Maharashtra on 20 March, 2017

Bench: A.M. Badar

 

Approach a very able LOCAL counsel as already suggested above.

1 Like

Kumar Doab (FIN)     04 September 2018

You may also go thru Bombay High Court decision in case of ; Machindra Chate's of Chate Coaching Classes  filed under Section 354 of IPC

IT shall be appropriate to get clean chit in PS/discharged in trial court

 

1 Like

R Trivedi (advocate.dma@gmail.com)     09 September 2018

If the court proceedings have started, then defend yourself. Give details of chargesheet.

Aravind Yedire (I T Analyst)     12 September 2018

All, is it possible to get the copy of FIR and Complaint copy? If so, what is the process?

Aravind Yedire (I T Analyst)     12 September 2018

All, is it possible to get the copy of FIR and Complaint copy? If so, what is the process?

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