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sunil kumar   05 July 2017

Sdm case

hi i am engineering graduate preparing for govt. services. my father does repair work on road side. he is doing it for 35 years. It's been 3 months when an SDM came to my father's kiosk and asked him several question. My father called me and i went up to that place. i asked Mr. SDM regarding any notice/ document/complaint but he did not show up any of them and did not revealed his identity upon asking several times. In the meantime my father displaced the kiosk and i kept trying the contacts i have and finally contacted a higher authority . I tried my best to make a talk but he(SDM) refused to talk to any person.. He imposed sections 186/189/353/506/34 on me and my father. what are the way out to get out of this problem. help sought. Thanking you


 6 Replies

Arjun Kohli   07 July 2017

186 & 189 are the offenses related to obstruction in the duties of a public servant and threat of injury to a public servant, respectively.

353 is assualt on a public servant to deter him/her from discharging the functions of such servant.

506 is Criminal Intimidation, 34 being Common Intention.

Here, as your post suggests, the case is falsely filed while you were only trying to inquire around as to the identity of this SDM who showed up and questioned your Father, which is a matter of right. Further, in my opinion, if there's a complaint of 353, there should be a medical examination report proving the same too, which won't be there and you can file a complaint with the District Magistrate regarding this issue and filing of the false case against you and your father.

However, I would also reccomend you to consult a capable legal counsel to guide you through the process and help you in whatever situation arises in this entire matter.

sunil kumar   10 July 2017

It's been a great help by the people like you and big thanks to this portal through which persons like us can get such a piece of information which can prove a great help in his/her life.

thanks once again and THANKS Arjun Kohli.

1 Like

Rajendra K Goyal (Advocate)     13 July 2017

Engage a lawyer and go for anticipatory bail.

Defend on merits.


sunil kumar   13 July 2017

Sir, we were granted the bail by the court the next day when we were arrested by the police.

Arjun Kohli   15 July 2017

Originally posted by : sunil kumar
Sir, we were granted the bail by the court the next day when we were arrested by the police.



sunil kumar   30 July 2017

In a form, the following question has been asked. what could be the possible answer in yes/no for the case mentioned above ?

whether any prosecution/detention/fine/conviction/sentence against you has been awarded by any court of law for any offence?

please reply.

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