Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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flawlessking (programmer)     16 December 2013

False ipc 326, suffered in jail please help us!

Hello Sir/Madam,

any help would be greatly appreciated!

it was dassera night people down the building were playing DJ very loudly, my brother who was appointed as the president of our society very politely asked them to shut it down as it was already 1.30pm late night to which some guys (former friends of mine and my neighbors) started abusing him, during the heated argument they got physical and one of the guy (who was drunk) fell down and fractured his hand, in the mean time we(me and my dad) attempted to mediate the fight between my brother and other guys, between the injured guy was taken to the hospital, we thought of going to hospital that night to see the injured but that could have only made the matter worse at the hospital as their families were continuously abusing us i thought we were friends we could sort out the matter in the morning...

at the morning 7am there came a police officer to arrest us all(me my brother and dad) as we knew we had done nothing wrong we went to the police station, to our surprise we we booked under 326, 504, 323 and 34, 

the next 20 days were horrendous, 4 days PC and 16 days JC (intentional stay at the hospital so that we could not get bail as per law)and then we were bailed out.


"The fictitious story" which the injured told to the police when registering complaint on us.

"it was dassera night, we(the injured person and his friends) were resting down the building, the MR.X(my brother) came and started abusing me for no reason, as we got into the argument he(MR.X) hurried to his home and brought a stick which he hit  hard on my hand as i was in immense pain than came his brother(i) and his father and started beating me badly"

as there was no weapon, stick etc involved how come the police without any investigation booked us under 326 ipc, even though there was not any intense fight only bad words were exchanged and the person was himself responsible for his broken hand..


now what should we do? the opposition is asking for money 5-10 lacs, i am 26 and deeply depressed, my career is on the line

 



Learning

 7 Replies

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     20 December 2013

You no other option except enter in to compromise or engage a clever lawyer to conduct trial.

Noman Siddiqui (Lawyer/09099300566)     30 December 2013

True, This is the common story...... You just need to engage clever lawyer..

Noman Siddiqui (Lawyer/09099300566)     30 December 2013

True, This is the common story...... You just need to engage clever lawyer..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

Dear Querist

fight the case on merit, engage a criminal lawyer.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     04 January 2014

Dear Querist,

Your case is at initial stage, all the questions relate to charge / trial. unless and until chargesheet will come no lawyer can comment. Lawyers have to find out the loopholes in the police story to get all of you discharge or acquittal after thorough trial.  wait and watch until chargesheet will come then engage good lawyer so that you can wriggle out of this situation. 

Rajiv Bhasin 

Advocate

 

flawlessking (programmer)     14 January 2014

thanks all for your valuable inputs......appreciated now I am left with some other query please? help me through.... 1. police has filed chapter case against us and have asked us to sign a bond for 3 years, we have appointed a lawyer for the same case....please help me If you have something to help me on this.... 2. till chargesheet comes out we have to attend the Police station once a week.....it was monthly but we filed the application ar court and now its once a week 3. we have around 5 witness, they all gave positive statements like thet didnt saw any weapon etc 4. now the victim and his father are approaching some people on our building with whom we had some previous enmity and they both father and son are provoking them to go to people and complain against us. DOES IT INFLUENCE THE CHARGESHEET? eagarly awaiting for ur replies thanks

flawlessking (programmer)     14 January 2014

thanks all for your valuable inputs......appreciated now I am left with some other query please? help me through.... 1. police has filed chapter case against us and have asked us to sign a bond for 3 years, we have appointed a lawyer for the same case....please help me If you have something to help me on this.... 2. till chargesheet comes out we have to attend the Police station once a week.....it was monthly but we filed the application ar court and now its once a week 3. we have around 5 witness, they all gave positive statements like thet didnt saw any weapon etc 4. now the victim and his father are approaching some people on our building with whom we had some previous enmity and they both father and son are provoking them to go to people and complain against us. DOES IT INFLUENCE THE CHARGESHEET? eagarly awaiting for ur replies thanks

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