Fir under section 323/341

Any how FIR is filed against you, you will have to apply for the Bail

@ Author,

1. First onus is for prosecution (she) to prove incidence mentioned in FIR happened thus you should be punished under S. 341 IPC accordingly.

2. These types of allegations don’t sustain for long in Courts if accused is denying ‘not present’ on such and such spot / location / place on that eventful day.

3. However, you should face the trial as and when FIR is before Court and by Examining your witnesses who vouch to have the pleasure of your physical company on such eventful day instead of she claiming you were present at such location (your home) stating the same (witnesses can be your company or colleagues or your work attendance time stamp records of that day) and/or via seeking allowing of an application to produce mobile cell records from service provider (with cell tower locations) and/or Examining herself and her witnesses (if any) as she states in her FIR that she was shouting (so neighbor ought to have heard a woman’s shout or onlookers ought to have gathered) one can easily come out of such allegations. 

4. Since you are asking repeatedly what does the Sections in IPC state, you can read yourself by searching on internet. 

5. Does my below reply published 2 years ago in this forum whose opposite your side needs to plead makes any sense to you OR still you want to repeat your same questions?

Link of my detailed reply on S. 323 IPC – 

https://www.lawyersclubindia.com/forum/What-to-do-after-filing-ipc-323-50814.asp#.VFCHjTSUdME  

Observation:
Make an effort to dig replies to similar facts - Section(s) of Code/Act already made by experts here in the forum(s) before repeatedly asking same questions with small twist here and there !

[Last reply]

Dear Tajobs,

Please accept my apology for the repeated queries but to be honest I am very afraid of this FIR. I will work on your advise to see similar cases on the forum. 

please could you advise on  Does receiving the FIR by my parents has any implication? 

Regards,

JanDec

you have stated

"my parents who have disowned and my wife me before the incidence by publishing an advertisement in newspaper."

what do you mean by this?

why your parents had to do the same?

when did they do the same?

what do you think they stand to achieve out of this?

Sir,

1. I contacted a lawyer who told that my wife could file for DV and dowry so I should get myself and my wife disowned in order to protect the family;

2. For getting protection from false DV and dowry

3. The advertisement was published on 30th Sep 2014

From your queries, I understand that getting disowned does not give any protection if she complains that DV and dowry was asked before the disownment. please advise. please also advise on the receiving of FIR which was addressed to my wife.

Originally posted by : JanDec
	Sir, 1. I contacted a lawyer who told that my wife could file for DV and dowry so I should get myself and my wife disowned in order to protect the family; 2. For getting protection from false DV and dowry 3. The advertisement was published on 30th Sep 2014   From your queries, I understand that getting disowned does not give any protection if she complains that DV and dowry was asked before the disownment. please advise. please also advise on the receiving of FIR which was addressed to my wife.

My dear ignornt,

If criminal liability could extinguish like that then every one accused od sowry and domestic violence did not require to spend so much.

Let them disown when she files criminalaction then there is no shelter from the disownment.  Rather this becomes a proof if she alleges that they have severed relation due to non-payment of dowry.

@ experts above.

The authro has not described full facts.  We do no know to what extent the advise given to him will fit into his case. 

Unfortunate he is already suffering having hired an advocate who has fanciful ideas of "disownment" etc. So let him disclose facts and then seek sound advise.

The forum must be thankful to youfor having expressed gratitude in one of your threads.

But at the same time it is seen that

(i)                  You have multiple threads on the same issue.

(ii)                In any of the facts you have not conveyed full facts of the case

You are thereby :-

(1)    You are disclosing that you have no faith in the wisdom of the experts and repeatedly blogging same words.

(2)    Seems you rate experts as students of different section and set identical question paper for them.

(3)    Depriving the experts of the honour of giving correct and comprehensive advise.

(4)    Based on half faces you may get half baked advise which may not suit you and may even be counter productive and then you blame the experts.

You have following threads on the issue :-

(1)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111168&offset=1

(2)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111299&offset=1#.VFGcBGeO5G0

(3)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111298&offset=1#.VFGbpWeO5G0

(4)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111483&offset=1

(5)    https://www.lawyersclubindia.com/forum/Filing-case-restraining-from-entry-house-vs-disownment-111409.asp#.VFGbVmeO5G0

Rani : you are writing as if you are assuming that I am the person at fault and that must be coming from the perception that you are a woman so you are just being biased. With all due respect, I would like to say a victim can be either a man or a woman so please do not judge the matter with a biased approach. 

Dear Sudhir Sir,

I have already sought apology to Tajobs Sir for the repeated queries but in no way my intention is to judge the experts. I am sorry if I offended any expert/s with my queries. 

regards,

JanDec

I am not female.  But I also feel the same regarding disownment idea.

If disownment culd be insurance agaisnt prosecution then it is very easy to torture a girl and then create a drama of disownment of son.

Sudhir Sir : I replied to Rani Jain on her response. 

Rani : you are writing as if you are assuming that I am the person at fault and that must be coming from the perception that you are a woman so you are just being biased. With all due respect, I would like to say a victim can be either a man or a woman so please do not judge the matter with a biased approach.

Rgds

JanDec