Civil Procedure Code (CPC)

Fake allegations u/s 354 , 354a , 354d & 506


Dear All Respected Lawyers

 

I need your advice for my case.

 

Kindly see some important points in my case:

1. One of my friend put false case against me in Mar 2014
2. I went to Jail for 14 days also. I am on conditional bail right now
3. She put false allegations against me as i got to know some of her wrong intentions against my family
4. I also got to know about her some illegal activities also

 

Some key/ground facts:

a. I was in relationship with that girl from last 1 year
b. She want to marry me but i denied as She was in relationship with other guys also
c. She issued some Govt Document like Passport & other documents on the basis of some False information & other Fake Supporting Documents
d. I am having Evidence also regarding this Fake document which I gt thru RTI application
e. She knw that I gt to knw abt her fake documents
f. Her brother made Fake Supporting documents
g. She threat me & my family also for this
h. I informed police also regarding this , but they didn't lodge complaint at that time. They assured me that nothing will happen.
i. So just to save her brother ,that girl lodged complaint in the Police station and instead of believing me , police who gives me assurance for this , they called me up in the police station by some other means & by threating me & my family , they arrested me
j. That girl was missing from last 4 months as per investigation by IO
k. No chargesheet has been filed yet by IO
l. Every time when i asked the IO for filing chargesheet , he said very soon he will file the chargesheet as he already submit some Challan with the court regarding the same. He is saying this from last 2-3 months.

 


Now my questions:

1. How much time IO will take to file chargesheet?
2. Is there any time limit for filing chargesheet after submmission of Challan with the court?
3. What do you think , what is the outcome of this case?

 

Thanks in advance

 

Ravish

 
Reply   
 

1. How much time IO will take to file chargesheet?

usually 90 days.

2. Is there any time limit for filing chargesheet after submmission of Challan with the court?

AfAIK No rule that they have to file it in specific time.
3. What do you think , what is the outcome of this case?

 You have not even mentioned what cases were filed against you.


Total likes : 1 times

 
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Thanks for suggestions... Follwings charges files against me : 1. 354 2. 354A 3. 354D 4. 506 Plz suggest again accordingly... Regards Ravish
 
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advocate

S.354 outrage modesty against a women 

354A. (1) A man committing any of the following acts—

(i) physical contact and advances involving unwelcome and explicit s*xual overtures; or 

(ii) a demand or request for s*xual favours; or

(iii) showing p*rnography against the will of a woman; or

(iv) making s*xually coloured remarks, shall be guilty of the offence of s*xual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

354D. (1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or Assault or use of criminal force to woman with intent to disrobe. Voyeurism. Stalking. Insertion of new sections 354A, 354B, 354C and 354D. Sexual harassment and punishment for s*xual harassment. Amendment of section 354.

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication; or

(iii) watches or spies on a woman in any manner, that results in a fear of violence or serious alarm or distress in the mind of such woman, or interferes with the mental peace of the woman, commits the offence of stalking: 

Provided that such conduct shall not amount to stalking if the man who pursued it proves that— (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished with imprisonment of either descripttion for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.’.

S-506 criminal intimidation

354 - Assault or criminal force to woman with intent to outrage her modesty, 354A - Sexual Harassment and punishment for s*xual harassment, 354B - Assault or use of Criminal force to woman with intent to disrobe, 354C - Voyeurism, 354D - Stalking

 
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advocate

a very good case 

to prove that the documents created by her and her brother if you have any evidence or say you have to gather such proof which will help you in this case and you can say that with criminal intention to defame you and take money they created fake documents 


Total likes : 1 times

 
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I got one RTI from govt office which clearly states that there is no record found in govt office regarding that Govt official document created and used by her to get some other legal govt document. Thru RTI , official clear said that the DOCUMENT made by her is totally FAKE.
 
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In my case , IO is not cooperating with us. He is not filing chargesheet.

 

Everytime he said that he got some challan from court and very soon he file that chargesheet.

 

IO didn't gt any evidence against me .

 

Earlier , IO supported that girl and took her favor in early stage but now that girl is missing . She & her whole family changed address and contact numbers.

 

Now he is saying that he didn't find any evidence against me but he has to write or file some charges , so he will write or file the same charges written in FIR , but he doesn't hv proofs for that.

 

Now plz advise me for the same.

 

1. What he will do in chargesheet ????

2. How much time he will take to file the chargesheet ???

3. What is the outcome of the case...Is girl get success in putting fake allegations against me  ???

 

 

Regards

Ravish

 
Reply   
 
Advocate

The IO cannot  file a charge sheet without investigating the matter and obtains a report/statement from her u/s 161 cr.p.c.   Since she is reported to have disappeared/absconding, the IO may find tough time to file the charge sheet.    If you feel that there is an inordinate delay in filing charge sheet, you may move an application before the Dy.Suptd. of Police seeking his intervention or move an application before the court of the magistrate to direct the concerned police to expedite charge sheet or to refer the case.  Alternately, on the basis of strong evidences in your support, you may file a quash petition before the high court to quash FIR, discuss with your lawyer and proceed as per his further advise.

 
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Hi ravish Please file the RTI against the IO for providing an update on the same case and time for submitting the CS. Cc all the senior officer for RTI to make pressure on IO.
 
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Thanks for all kind advices. Please let me know One more thing. As per discussion with IO , he will file the chargesheet in next 7 days. He didn't find any evidence against me. He said that he will write all the same charges as mentioned in FIR but he didn't have any evidence for that support . Now how to further proceed for this . Plz advice.
 
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