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Amit Sharma (Project Lead )     10 March 2010

Need Advice From Experts

Hello Guys,


I want to ask one question here 2 years before I fighted with few guys and they had case on my and added section 323,324 and 506. I don't anything about these 3 act can anyone describe me about these sections, and one more point i want to mention here when we fought and they are injured then they add FIR after 24 hours and they admit in private hospital.

Can anyone tell me is there anyway to save my self and if i'll be punished by Judge then how many year I will go in Jail?

(I'm working in IT company as a Project Manager since 2005 and no criminal record I treaped only this case)

Thanks & Regards

Amit Sharma 



Learning

 8 Replies

Rajan Salvi (Lawyer)     10 March 2010

Please inform exact stage of the case in court- if filed.

AEJAZ AHMED (Legal Consultant/Lawyer)     10 March 2010

INDIAN PENAL CODE

 

323. Punishment for voluntarily causing hurt.-- Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 

324. Voluntarily causing hurt by dangerous weapons or means.-- Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

506. Punishment for criminal intimidation.-- Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. If threat be to cause death or grievous hurt, etc.-- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3[ imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

 

Dear Sharma, as you are admitting  that,

" I fighted with few guys and they had case on my and added section 323,324 and 506" ; and

" I'm working in IT company as a Project Manager since 2005 and no criminal record I treaped only this case";

It is better to compromise with the Complainant(s) ; and the case will be quash upon such compromise.

For your reference am attaching one of such compromise case:


Attached File : 20 20 mr vimal kumar gupta vs ms meenu sharma advocate for on 2 august 2008.pdf downloaded: 164 times

ad. creaminall (professional Advocate)     10 March 2010

the details given by mr. ahmed is proper.

Amit Sharma (Project Lead )     10 March 2010

 Thanks a lot for your advice Mr. Aejaz Ahmedas i wrote they add FIR after 24 hours and didn't call to police and went in private hospital and create there MLC report is that point can't help me?

I already asked them for compromise but they didn't agree with that.
Is that possible to do cross case on them and then they will ready to compromises I just attend one date now and 2nd one will be come next month. 

I have no idea what should I do I'm respected person and just do one mistake and my all carrier now on risk.....


Thanks

Amit Sharma

 

AEJAZ AHMED (Legal Consultant/Lawyer)     10 March 2010

Dear Sharma;

You are saying :

"2 years before I fighted"

then how could be it is possible now........ and that too after a gap of 2 years .........to do cross case on them.

Its now all depends only on the "facts" and circumstances, allegations complained and stated in "FIR",  "Statements U/Section  161of Cr.P.C" and "Charge Sheet".   So, contact a High Court Advocate of your state along with all the said documents..........if and if possible he can move a Criminal Revision Petiton for "Quashing" of the FIR.

Amit Sharma (Project Lead )     10 March 2010

If now I'm hurt himself and create fouls witness and case on them. I’ll ask in police station that I went into their place for asking compromises but they started argument and hit me, I know it’s foolish question but can it is possible?

Amit Sharma (Project Lead )     10 March 2010

I'm saying this because now my condition is "MARTA KYA NA KARTA"

R.Ramachandran (Advocate)     28 September 2010

Mr. Sharma,

MARNEWALE APNE LIYE KUD GADDA KODH THE HUE MAIN NE AB DEK RAHA HUN.

I do not know whether you have entrusted your case to any competent lawyer or not - or you are fighting the case yourself.

Please engage a lawyer, he will take care to the maximum extent.


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