• False allegation for manhandling

sir, i was working as teacher in a school. one fine day one teacher started misbehaving with me and she bit me several places and then she went to police station and lodged and FIR. She belongs to either SC/ST. I did not went to police as the matter was not so grave. But later on i came to know that she had lodged an FIR and i also lodged defensive FIR. Please guide me as i have received the summon from the court to appear in the court.
Asked 3 years ago in Criminal Law from New Delhi, Delhi
In this scenario you can seek the permission of the court to be represented by the pleader under Section 205 Cr.P.C and it is the discretion of the magistrate to grant you till until required for you to appear in the court.

In this case, as both of you are ladies; transferring may be a problem.

It is better you appear on first date and take steps as suggested above.

Better option would be to settle the case; if possible.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
In the FIR, you are an accused. Therefore, power of attorney won't work in this situation; or alternatively based on the evidences you may go in for quashing under Sec. 482, Cr.PC; approaching the Patna high court.

In your case, though your husband is a defense personnel, you are not, I assume. Therefore, you would have to refer the defense manual in case any legal facility like the one you mentioned has been providing under the defense act.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
If the FIR is false then invoke the jurisdiction of High Court for getting the FIR quashed in accordance with the law.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0

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