Since the FIR has been filed against you it is imperative that you obtain anticipatory bail from the court. Thereafter, you should move the High Court for the quashing of the FIR as it has been filed out of vengeance and you hit him in exercise of your right to private defence. Consult a lawyer with a copy of the FIR for a concrete opinion.
Criminal case
A boy of her college harrashing my girlfriend from 4 months. There were two FIR has been Lodge against him. First is under sec [deleted]A 506 509 and section A of West Bengal institutional act 2000 which is Lodge by college on dtd. [deleted] Second FIR was Lodge by her on [deleted] probably on same section, dnt known by me. He has taken Bell. Matter of fact is that on dtd. [deleted] I was sitting with my gf at tea stall just near to her hostel, same time the arrived there and start taking pictures of her. On objection he goes from there quietly. After some time he come back with two and start molestrating her physical by touch. On Objection made by us he start fighting with both of us. In that case he was injured in his head by bottle. Our fighting was stopped by local public. Next morning he theartend her warden that he will kill her if she come out from mess., so she could not file any report to police but she sent a mail to the police station regarding all this happen. Same day that boy filled a complain against me. That day a was filled before court against me n my gf under section [deleted] Now matter is on dtd. 17/02/2017 I was alone at my quarter with my gf that boy break the window glass and entered into my room by crossing 8 feet courtyard wall and hit me 3 times on my head with boxing gloves made of iron. There are 3 cuts on my head about 2.5cm 1.5cm and 1 cm currently lying on bed after discharge from hospital. In that fight that boy was also injured badly and admitted in hospital with serious condition. My sister filled a gd at the police station on same day with my gf. What's should I do sir? What precautions should I take to save myself.
Asked 7 years ago in Criminal Law
Religion: Hindu
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5 Answers
1)on basis of medical certifcate lodge fresh police complaint against boy for causing grievous hurt under section 320 , 324 of IPC
2) it is punishable with imprisonment for period of 3 years or fine or both
you should file a case against him because if there is cross case then possibility may arise that both parties can do compromise and settle their cases. he has committed criminal trespass, house breaking and grievous hurt. hence a strong case should be filed against him. this cross case shall protect you in previously instituted case in the way that that case was instituted with malafide intention (because he has committed more serious offence at later stage) therefore liable to be quashed.
1. What is the reason for his such irrational behaviour against you? Did your GF have any relationship with him earlier? If yes, then his primary target should be your GF and you should be his secondary target.
2. Hope your GF has mentioned in the GD that she was also attacked by him along with you and the anticipated reason also was mentioned there in.
3. Now file an application u/s156 (3) of Cr.P.C. praying for a direction upon the police to investigate and act based on your GF's complaint in the said complaint she can also seek protection from police for both of you.
4. Police will act now.
Since the assault was on both the sides, the police would register FIR on both the sides.
You may obtain AB for the cases agaisnt you first and also lodge a criminal complaint against him for the offences he committed.
