Quash on charge sheet 354 a and d

If you are accused of the offence and you have really done the crimes against her, you may have to face the music of law, however, if you are innocent, you may gather evidence to prove your innocence or challenge her complaint during cross examination very properly that she will tumble at one or the other issue.  Approaching high court without substantial evidence for quashing will be a futile exercise.

Thanks a Ton for your response.

Answers inline. 

The mails  content which were presented to register the case doesn't attract the 354 A and 

not binding upon me.so the IO have mentioned have  commented her in filthy language by making s*xually coloured remarks towards her. which attract this section.

secondly to be honest i have messaged by looking at my parents face I am unable to commit sucide this message has been altered saying that i will commit sucide for her and the mobile is not on her name. it was only  a personel emotion i sent but no way i was sending vulgar messages.

Now the question is after cc number can i go for quash?Can i get stay?

the complainant is not turning up can i file petition for NBW  for speedy trial.

Please advice the possible ways.

 

Regards,

Bharath

If you feel the case can be perfectly challenged, you do it in the trial court itself without wasting time on quash and other issues, if she is not coming to the court, yes she is not required to attend the court on each and every hearing, she can attend the court only to depose her evidence.

summons have been issued eight months back

the complainant is not turning up can i file petition for NBW  for speedy trial.

Please advice the possible ways

 

 

Bharath

Offence under Section 354-A of IPC is made out (also) if the man makes s*xually coloured remarks. Now, whether or not your remarks come within that category will depend upon the facts and circumstances, that can be decided only after analysing the totality of the facts and circumstances in your case. You may have your own version, no doubt. But, one has also to see what has been mentioned by the police in their investigation, in the form of witness statements and the transcriptts of the messages, etc.

 

Offence under Section 354-D of IPC is that of “Stalking” in which any man who 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, may also be covered. So, if you have repeatedly contacted her on phone or otherwise, despite her disinterest, such act may be covered. The proof will of course depend upon the facts and circumstances of the case and the evidence produced by the prosecution. You can also prove in your defence that such conduct on your part was reasonable and justified [as per sub-clause (iii) of the Proviso to sub-section (1) of that section].

 

Since the charge sheet has been filed, you can try filing for discharge, if you (or your advocate, who has seen your full papers) feel that no case is made out against you. Otherwise, face the trial as and when it starts.

 

 

Since it is a case on the basis of the charge sheet filed by police, it is not necessary for the complainant lady to remain present in court on every date. She will be asked to remain present in court when her statement is to be recorded as evidence.

Thanks Sir.

 

The police has filed charge sheet as above stated but mobile is not on her name.no where in her complaint copy or fir she stated i commented in filthy language by making s*xually coloured remarks. just police have added. what is dscharge petition.? pls explain.

 

Thanks in advance 

-Bharath

See, ultimately, it is the actual remarks that will be considered. Merely by saying that the remarks were s*xually coloured remarks may not be sufficient. The actual remarks that were made should have been of that nature. Since the remarks are stated to be in the form of emails / SMS messages, those actual remarks will be scrutinised.

 

Mobile phone may not be in her name, but has she been using that mobile phone regularly?

 

 

Discharge application is an application that you can file before the trial court (Magistrate court, in this case) for your discharge in the case against you. In a case for offences under Sections 354-A and 354-B of IPC, the discharge application will be under Section 239 of Cr.P.C.