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Deepak (director)     12 September 2009

Need Urgent Expert Advice

THE FACTS OF THE CASE

On 11th April, 2009 (Saturday) I got a call from my sister (Rakhi Sister – just 19 yrs old.) telling me that a person named Rupesh was making advances towards her & trying to molest her for the last seven days. My sister is studying BAF & was doing her internship in a company which is run by an Income Tax & Sales Tax Practitioner. The Owner of this company has a keep (Shalini) who works in his office & stays along with his legal wife in the same house! The brother of this keep is Rupesh and he works in the same office as an Office Boy.
 
Sister was keeping things to herself & trying to sort things out on her own until it went out of hand on 11.04.09. She was in tears & told me that Rupesh was pushing things too far that day & had given her a packet. I was near her office & told her to meet me with the packet beneath her office. When I met her she was weeping profusely beyond control & handed over the packet which I opened & was shocked to find vulgar clippings, condoms & a bottle.  
 
I got furious with the manner in which this little girl was being treated and went up to the office & asked for the guy named Rupesh at the counter. Shalini (Keep of the Owner) was sitting in the counter and informed me that Rupesh was her brother & asked me what it was regarding, to which I informed that he is a friend of mine & I wanted to meet him. She then asked me to remove the shoes & come inside to which I replied that I had no intention of entering their office & to send Rupesh outside for a minute. 
 
She then went inside and came out with the Owner (instead of her brother Rupesh & when I asked him if he was Rupesh, the Owner nodded in the affirmative. I slapped him tight across his face and asked him how he could do such a thing. The Owner along with Shalini & their staff retaliated and snatched my briefcase (which contained my licensed revolver) so that they could find my true identity. I told them to return my bag immediately as it had a licensed weapon & it was illegal to take possession of it.  I added that I would report them to the Police for attempting to molest my sister & snatching the bag containing my licensed weapon. 
 
However the Owner who is an Income Tax & Sales Tax Practitioner has several well connected clients who were DCP’s, Doctors, etc. & had excellent contacts with the Police Department as a whole. The Owner & his staff forcibly took me inside their office & called the Police instead and framed false charges on me (as stated in the FIR - Translated FIR Attached). Even before we could reach the Police Station, the Medical Report of the Owner was made ready, although he was besides me all the while! Copy of the FIR is attached. I was arrested and released on bail the next day & was made to go to the Local Police Station every Sunday after my release for hazari. The Police have retained my licensed revolver & license with them. The Investigating Officer only recently cleared me from paying weekly visits for hazari stating that the Chargesheet was filed.
 
Kindly have a look at the Transalated FIR attached which has been concocted & pls advice.  They have imposed IPC Sections 323, 352, 452 & Arms Act Section 27 on me.
 
Current Situation:  
 
I am getting phone calls from the Investigating Officer to come and give my statement which he informed is a must for him to file the charge sheet. 
  • What should I say in my statement which would best defend my case in the court? 
  • What should be our further course of action?           
  • How do we get our licensed revolver & arms license back? 

P.S.  I had earlier posted about my case in this forum & did not know how to edit or append it and hence this new post.

THANKS A TON FOR YOUR KIND SUPPORT!



Learning

 4 Replies


(Guest)

My dear Deepak, in your case your sister plays vital role. Intentionally you didn't slap the owner. Your sister have to lodge a police complaint against molester narrating all facts. With your learned advocate narrate all the facts with evidence to the court. You can pray DGP by narrating all facts.

PARTHA P BORBORA (advocate)     13 September 2009

PL TOLD THE REAL STATE OF AFFAIR IN UR STATEMENT AND ALSO REQUESTE THE I.O TO RECORD THE STATEMENT OF UR SISTER AS A WITNESS. YOUR SISTER MAY FILE A CASE. BUT I DONT THINK IT WILL WORK. IT MAY BE TREATED AS AFTERTHOUGHT AS IT WAS NOT FILED WITHIN THE REASONABLE TIME. SO PL TRY TO CONVINCE THE POLICE TO RECORD THE STATEMENT OF UR SISTER. MOREOVER U MAY FILE AN APPLICATION U.S-453 CR.P.C IF THE REVOLVER IS PRODUCED BEFORE THE COURT OR FILE AN APPLICATION U.S-457 CR. P.C IF THE REVOLVER IS NOT PRODUCED BEFORE THE COURT AND A REPORT OF SEIZURE IS SUBMITTED.

(Guest)

I agree with Mr.Parthaprotim Borbora.

lokesh (apperntice)     08 April 2014

 I AM COMPLAINANT. I HAVE FILED A SUIT U/S 138 NI ACT. THE DATE/TIME BORROWING FRIENDLY LOAN IS NOT MENTIONED IN LEGAL NOTICE, NOT IN COMPLAINT AND NOT IN THE AFFIDAVIT EVIDENCE OF COMPLAINANT. IS IT  IN FAVOUR  ACCUSED. WHAT I DO NOW. 

NEED HELP

THNAKS


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