Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mario Fernandes   11 December 2019

Fake 354 , 354 A, 354 D, 504 and 506

Hi Experts

My brother was in affair with a married lady who had 2 children. Since this affair was of no result my brother finally tried to end this. Meanwhile her husband started doubting about this affair and kept on collecting information. The lady lied about all the things and said that my brother was after her and loved her but she never entertained and threatening her. On Friday this lady messaged my brother threatning him and asked to come to her house with abusing text and meet her husband to clear out the confusion. Thinking to close this my brother went near her house and she started abusing him and called her husband. Her husband then came and started beating him with a wooden block and injured his jaw with 2 fractures. The duo then went an registered an FIR against my brother with above mentioned sections. My brother has all the evidence and records of the affair in his phone but the phone is under the custody of the police to which he cant provide any proof. My brother was in Judiciary custody and was released on bail after 2 days i e Sat-Sun and released on Monday. Police knows that this is a false case but are helpless. Please advice on the action forward to be taken as this is hectic and panicking situation for my family. Love to have the best mutual support possible.


Learning

 8 Replies

Vinit Nair (Advocate Vinit Nai   12 December 2019

Approach High Court for quashing of F.I.R U/S 482 of CrPC with relevant evidence you have.

Mastan   12 December 2019

Why to keep affair with married lady? Is it punishable sin or not? OR he already got cleansed with the blood of holy christ for this affair?

Mario Fernandes   13 December 2019

@Mastan If we can undo things which had already happend then law would not prevail any more.I am seeking help post the incident.You suppose to be reading too much of religious concepts.We are talking about law and order principals.Anyways Thank you for your advice.

Arijit Basu   15 December 2019

with medical report of the assault lodge an FIR ASAP to the local PS

Altamus   16 December 2019

The phone is still in police custody? Have they mentioned it officially in panchnam? Did the magistrate noticed injuries and fractures while sending to remand? Do you have medical report of the asault?

Mario Fernandes   16 December 2019

@ArijitBasu Before taking his custody into jail he was medically examined to which the nurse mentioned that it was cavity issue so was swollen. However after the bail we took him to hospital and in the xray it was fractures detected in the jaw. Since it a police case, hospitals are denying to start the treatment as they need medical memo from the police for doing MLC. On the other side police are denying to give the memo as it has crossed 24 hours from the incident reported.This has been a haywired situation for us even to treat my brother in the hospital.

Mario Fernandes   16 December 2019

@Altamus Yes, the phone is still in the custody and the same has been added in the FIR. Magistrate was aware that his face is swollen but did not bother to examine him before sending him to PC. Now that we are treating my brother, we are expecting a medical report briefing about the internal injury and with that help we would file a cross FIR against the complainant.

Mario Fernandes   16 December 2019

@OmPrakash You can address me as Mr.Fernandes. Just to highlight the FIR was lodged against my brother under section 354, 354A, 354D, 504 and 506. After arrest he was sent to jail on Saturday and being a Saturday the bail plea was not entertained however on a Monday he was released by the Courts order.

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