cpc

what defines the obscenity under 294 of ipc



a case has been registered against me & my friend under 294 of ipc for saying hello to a lady who is unknown to us.the lady complained to the police who were present nearby checking the license of vehicles .the police took us in police station and booked us under 294 of ipc.nw we r going to trial court from the last one and half year.we took a lawyer nd from the last one year we used to go nd takes the next date nd whenever asked frm our lawyer when the case would be concluded nd everytym he says that in two to three hearing .bt i think he is not of the intent of finalizing the case .everytym we go we give some money to get the next date .nw our lawyer is saying to confess the offense and get rid of the case by giving 200 fine .bt we dont want to confess coz we have heard if we wud confess then we wud face trouble in getting jobs .we even contacted to the lady and her lawyer they also said to confess the offense .we have already given 10000 ruppes for bail.nw plz help us wat to do .should we go to 482 of crpc to stay the proceedings .our lawyer is not giving us proper information .so plz help wat to do. nd if we go to 482 of crpc then for hw much time the case wud be stayed.

 
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Dy Director

Saying hello is nto per-se obsenity (unless there are other surrounding facts).  Confession and p[aying fine is conviction and it can cause blockade in gettingjob.

 
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the chargesheet which the police submitted has something which is more than hello.they alleged we were following and harassing the girl and we were passing vulgar comments .that allegations are totally baseless and  allegations were made by the police after we refused to give money which they were asking for. even the girl came to the police station nd agreed to take back the complaint.bt the police authorities said that now nothing can be happened and filed the case against us

 
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Dy Director

so let the woman say before judge that alleged charges do not exist and get the chjarge dropped.

 

take lesson.  No girl calls police by just if someone says hello.  Facts are more than disclosed.

 
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498a Fighter

Its a side effect of Non compoundable. Girl has to move HC for quash it, and going there means enough money any lawyer will charge to go to HC and quash it and hence her lawyer is suggesting you to convict.

Just  press for mediation and discuss with the lady.

Or let it go and change the lawyer and fight well.

 
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sir  the girl didnt go to the police station to lodge a complaint . the police were there already checking  the license of vehicle so the girl find it convenenient to complain there only about us coz we were around there . and if we have done so much wrong to her then why should she come back  to police station nd take her complaint back on that very day.jus becos police personnel didnt get the amount which they wanted they made exaggerated actions in the chargesheet which was filed on the next very day.nd nw i dont have something to disclose

 
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Dy Director

So it ws on her complaint only.  The offnce is cognizable and police could have arrested even without her complaint.

 
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Voluntarily Retired from Indian Overseas Bank

Mr. QUERRIST PLEASE GIVE SOME MORE INFORMATION ABOUT WHAT THAT GIRL HAD GIVEN IN HER COMPLAINT . YOU ARE A STUDENT . PLEASE LET ME KNOW WHETHER THE GIRL IS ALSO A STUDENT . YOU CAN VERY WELL GET A COPY OF THOSE COMPLAINTS , CHARGESHEETS ANY OTHER EVIDENCE FILED AGAINST YOU IN THE COURT . ALL THOSE COPIES YOUR LAWYER CAN APPLY AS A CERTIFIED COPY . YOU GIVE HIM MONEY FOR APPLYING .BUT THE COURT FEE IS VERY LITTLE ONLY . YOU CONVINCE YOUR LAWYER AND GET THE ORIGINAL CERTIFIED COPIES OF THE DOCUMENTS FROM HIM . WHATEVER HE DEMANDS YOU GIVE HIM . THE COMPLAINT HAD NOT BEEN GIVEN BY THE PRINCIPAL OF YOUR COLLEGE . THE POLICE CAN COME ONLY AS AN INVESTIGATION OFFICER IN EVIDENCE IN THE COURT .WHO ARE THE INDEPENDENT WITNESSES .

                            AFTER GETTING ALL THE DOCUMENTS YOU CAN FILE A PETITION FOR QUASH IN THE HIGH COURT AS A STUDENT OF THAT COLLEGE WHICH YOU ARE STUDYING.. YOU SHOULD NOT HIDE ANY FACT THAT YOU ARE A STUDENT . YOU MUST ALSO INFORM THE GIRL ONLY THROUGH A GENUINE MEDIATOR THAT HER FUTURE WILL ALSO BECOME DARK BECAUSE SHE HAD DONE LIKE THIS AND HAD GONE TO THE POLICE STATION AT THIS AGE ITSELF . YOU BEING A STUDENT CAN VERY WELL PUT IN YOUR PETITION THAT YOUR FUTURE WILL BE IN DARK IF THIS CASE AGAINST YOU IS NOT QUASHED .THE HIGH COURT WILL DEFINITELY ADMIT YOUR PETITION AND GRANT YOU STAY . THERE WAS A CASE FOR QUASH WITHIN A PERIOD OF 3 YEARS IN THE MADRAS HIGH COURT FILED BY A STUDENT OF A CITY COLLEGE WHO ACTUALLY MISBEHAVED WITH THE STUDENTS OF THE SAME COLLEGE ITSELF .HE WAS DISMISSED FROM THE COLLEGE AND ACTION WAS TAKEN AGAINST HIM BY THE AUTHORITIES .WHILE DELIVERING THE JUDGEMENT THE MADRAS HIGH COURT HAD OBSERVED THAT THE STUDENT SHOULD NOT THINK THAT HE HAD WON THE BATTLE . TAKING ACCOUNT OF HIS AGE AND HIS STUDIES THE COURT HAD TAKEN A LENIENT VIEW OF HIS CONDUCT AND IS QUASHING THE CASE SO THAT HIS FUTURE IS NOT RUINED. - JOSEPH WILFRED - 11/02/2013 AT 01.05 HRS

 
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