All allegations will include in one FIR if filed by same person.
Is a person entitled to lodging complaint in a PS and in the court simultaneously on the same incident with different matter or complaint e.g. lodge complaint with Police about trespassing, rioting etc. And lodge complaint with Judicial Magistrate of molestation, SC/ST, attempt to Dacoity etc. Is there any HC judgement on this which can be quoted as reference.
these are 2 separate complaints in respect of separate offences committed by accused
you should lodge one complaint mentioning all offences committed by accused
See if person lodges tok complaint on same incident and FIR is registered and criminal case is there on both the one can be quashed from the high court sighting two FIR for same incident.
If in the course of trying to enter a premise if i am being obstructed by a group of women and there is slight scuffle, pushing and pulling. After this a case of molestation is filed in the court and all the ladies testify to that. Can Sec. 354 be slapped. Is there any HC judgement on this.
See the women can file the complaint sighting the false ground of incident. You can file for quashing of complaint.
Bombay HC has held that Even if you keep your hand on the shoulder of a woman, it is for the lady to comment on the nature of the touch, whether it was friendly, brotherly or fatherly,"
2) Section 354 which states: "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
3) SC has held the essence of a woman's modesty is her sex."
4) the act of pulling a woman, removing her saree, coupled with a request for sexual intercourse...would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence," the Bench said in a judgement that has drawn from several verdicts by different courts.
5) in present case there is pushing and pulling followed by scuffle . case under section 354 IPC can be filed against accused
Gravity of Scuffle and motive behind forceful entrance is important, every such act dose not be molestation.
As to the 1st question you can't lodge an fir and a complaint with the magistrate if the incident is the same. It will result in the dismissal of 1 of the 2.
The objective of both is the lodging of the fir and investigation of the case. Law prohibits this.
Regards
S. 354 ingredients must be satisfied in order fir it to be slapped upon the person. Forcefully entering a place and a scuffle is different and outraging the modesty of a woman is different.
They may lodge false fir but they have to prove it.
Regards
In the present case there is one man and 6-7 ladies pushing and pulling the man. It is a mildest of scuffle when the man was trying to prevent ladies from locking the flat for which he had already paid 90% of the price.
A very dangerous situation wherein it is their word against you.
The court will listen to them as they are 6 -7 in no.you should have some proof that you didn't do anything. Of course defending the property is one ground which will be considered by the court.
Regards
Ladies can file case against the man under section 354 of IPC
Who was in possession of flat ? FIR filed to fail buyer to take possession and cheat him. FIR liable to be quashed.
may be harsh but, yes, may attract 354,
more revealing of facts may provide a more prompt reply,
how were they (6-7 ladies) associate with the flat?
what was their interest?
why were they stopping you in entering the flat?
if you want to take possession in the property for which you had paid 90%, do you have all the necessary docs?
do you inform police if any scuffle was expected?
state complete facts in one go to get a prompt reply
if you have facts in your favour, approach HIGH COURT without thinking
See if only complaint is given in police station no FIR is registered on same then the complaint as such shall have no effect. If magistrate for his complainant has initiated the case and registered criminal case number then a quashing for same can be filed on ground that 7-8 women misbehaved and then they used law to further harass you.
1. Yes, there is no bar in law to initiate two separate proceeding in court and in police station simultaneously.
2. Yes touching a woman inappropriately even if in the scuffle attracts section 354 IPC.
3. This is a civil dispute as well for which you can file civil suit for declaration and recovery of possession.
Dear Querist
once a person file a complaint for the cognizable offence before the police and police is not taken any action against the accused, means Police not going to file an FIR, than the complainant may file a private complaint against the accused before the magistrate under section 190/200 of Cr.P.C.
in case, the police registered the FIR than the private complaint can be stayed by the Court under section 210 of Cr.P.C.
Section 354 will not be attract if the allegation is mention in the complaint as you mention in your information.
for the offence section 354 of IPC, the most important point is (assault with intend to molest the dignity of women) which can not be done in Scuffle.
Feel Free to Call
He has lodged a complaint to the police about a different incident and he has approached judicial magistrate court on a different note, hence there is no legal infirmity in it.
He may approach court as well as police station simultaneously for different offences against the accused.
If the ladies have made a complaint under the said section of law, the accused can challenge the same on merits and evidences in his side.
Everyone has rights to defend themselves.
This is a civil case for which the criminal case has been slapped, however since you have merits in your side, you can fight back on merits and documentary evidences.
Dear Sir,
Dear Sir,
You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt
In the present case i went to a flat which i had booked and paid 90% of the price. I had some litigation going on with the Builder relating to payment. The moment i reached there 6-7 ladies came out and started to obstruct my entry in to the flat and created ruckus and a mild scuffle ensued and i was alone so the started to pull and push me. This was videographed by the builder. Then police arrived and we all went to the PS. Builder lodged a complaint with the police saying that i tried to forcibly take possession of the flat and misbehaved with the women there. Police lodged Sanha(Station Diary Entry Non-FIR) and recommended 107. 1.5 month later Builder lodged a private complaint with the Judicial Magistrate under SC/St act and under 354 and attempt to Dacoity etc.S323,504,506,448 etc. Is it tenable? what should be my further course?
Since the builder has filed a private complaint in this regard, you may wait and watch for the notice to be issued by the court in this regard.
After receiving notice you may appear before court, if necessary may obtain bail and then challenge the case properly on merits and documentary evidences in yor side.
\You may even see the possibilities to get it quashed by filing a petition before high court.
Wait for police investigations to be completed and charge sheet or closure report filed
2) no case of attempt to dacoity is made out
3) you can file for quashing of FIR in HC as you are being falsely implicated on account of dispute with builder
Yes, there is no technical bar to start the case.
Since the case is false do not get worried about the outcome of the case.
File a quashing petition before the high.court if magistrate has taken cognizance on the complaint to quash the complaint as it is false and to.pressurise you for peding civil case.
This is a clear case of conspiracy. Women's were there without authority and were trespassers with the intent to enmesh you in plotted crime seen.
Those 6-7 ladies were hired workers of the Builder. They came along with the wife of the Builder who was also present there and part of the lady team obstructing my entry in my flat. 2 of them were continuously videofilming the entire episode along with the builder himself. I had come there along with my wife but because she came 2 minutes later she was not allowed to enter the premise and the gate was locked. Flat was handedover to me by the builder in April 2016 for doing wood work alongwith doors etcwhich i had completed. But as soon as i started t= started to do wood panneling of the flat i was stopped by the builder and my wood material worth 2-2.5 Lakhs remained there. When one person approached me to buy those wood material I decided to go there and dispose all the remaining wood material. The buyer came with 4-5 people to pickup the material. Those people are being described as goons brought by me. But they never came to help me enter the flat and remained standing as spectators. Hence I was alone handling 6-7 people. Now the case of S354 has been slapped on me by the builder. I shall be grateful if someone can provide some SC/HC case reference where in the event of scuffle and ruckus S354 has been turned downand under what consideration. The builder now finds that the videorecording does not help his storyline he is not coming out with his entire recording except what he had made viral in the town earlier to defame and humiliate me. Help me with case references from HC/SC.
You need to first establish the same kn your cross examination. Judgement will be helpful but the development of your case in form of evident is more important. You will get relief in hc while quashing
You should wait for police investigations to be completed and charge sheet filed
2) then file for discharge in trial court or quashing in HC
If the police has registered FIR under the said section of IPC, you first obtain AB and then challenge the same in the trial court.
The video clipping of the incident will not be admissible in law at the time of trial before the court.
During cross examination the witness will blabber or may give contradictory statements which will be beneficial to you and can get the case dismissed accordingly on merits.
You dont need citations to overcome the situation at this stage itself
Workers had no such right to obstruct. Do you have hand over receipt, if have than you should have filed criminal complain of wrongful restrain, criminal trespass.
This is all shit and very chances to get it quashed by HC. Manipulated video not admissible in evidence. File defamation complain.