Leelesh Ramakrishna (Practice Lawyer ) 14 March 2017

Inappropriate case filed against my Friend

Hi Respected Dignities,

I have just completed my LL. B and preparing for AIBE. I am an independent practicing student to gain the knowledge on my own effort I depend on law journals, bare acts and Lawyers club India.

My friends and family have a thought in mind that after passing out LL.B one can be a Advocate and can handle any case without an practice. The real pain and effort of becoming a good advocate is way far from our family and friends mind set.

One of my friend had a quarrel with a traffic constable and the bad cop had used “Profanity” on my friend stating “ Son of a B*itch” and many other local language and on religoius grounds, (since he was a muslim ) and also pounced by holding his collar and torn his shirt and defamed him in Public and later he was taken to the nearest police station and filed a FIR against him under IPC 353.

I am curious to know that can we really prove that the cop was wrong with the statement . How do we get the copy of CCTV footage from the Bangalore Traffic unit . However, Bail has been granted to him. Is it suitable to proceed with the case or to compromise on the demand made by the bad cop. Your valuable view point will help me to learn more and can provide him a legal support and knowledge.

Thank you,

Leelesh Ramakrishna

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4 Replies

(Guest)

You need to first locate the CCTV camera and then approach the jurisdiction police station along with RTI form asking for footage. Here time you have to mention. You will get the copy after paying required fees in the station itself. Based on the findings of the footage further action can be taken. But before that you can complain to commisioner of police regarding this.

Leelesh Ramakrishna (Practice Lawyer ) 14 March 2017

Thank you Sir,

I will update the same.

Regards

Leelesh

G.L.N. Prasad (Retired employee.) 14 March 2017

How do we get the copy of CCTV footage from the Bangalore Traffic unit

Every citizen has as a right can seek any record with Public Authority as certified copy under RTI Act. File application and seek information as expeditiously as possible, as the cycle for deletion is one week generally.

RTI Application has to be addressed to State Public Information officer, Traffic Police, Bangalore city clearly mentioning the nearest area or location of such CCTV. RTI fee of Rs.10/- can be paid by Adhesive court fee stamp. Before filing RTI Application do search website of the Traffic Police for RTI rules and regulations.

Also ask your friend to file a complaint to Supdt of Police, if possible through on line grrievancce redressal procedure.

During initial stages, it is always better to remain as observer and not to involve yourself in petty issues, particularly with Police, and to focus on high value and challenging cases, instead of taking petty and biased cases.

Arvind Singh Chauhan (advocate) 14 March 2017

Follow the advice of learned members.

Is it suitable to proceed with the case or to compromise on the demand made by the bad cop.

If charge sheet is filed. Be carefull, Sec 353 IPC is non compoundable. Generally cops can't help you in evidence. It is difficult for them to go beyond his statement recorded by I.O. Take help of seniors. Don't waste money. If you are confidednt that no offence was done by your friend, CCTV footage is enough for his acquittal.

During investigation imapartial IO can file final report also on the basis of these footage.