• FIR on me and my parents by aunt

Me and my parents have been accused of 4 IPCs 323/506/509/34, by my aunt, in women PS, following a family dispute that happened few days back. We did not harm her in any way, my father only raised his voice against constant torture that my uncle and aunt are imposing on us since last 2 years. There is a civil suit for partition of house already going on in which he is somehow not responding at all. That is a different story, but we are harassed by these 2 in short almost on daily basis.
Now we find ourselves accused with FIR on our head. We received a notice under section 41a to appear before police within 3 days, which we did. We found out that she has somehow managed to get a medical report and charged us with above sections. Police is asking to get a bail, but court is not open.
I am a sincere software engineer with no such history, but afraid it will spoil my career, my uncle has threatened to destroy my career when I came home.
We have a recording of my uncle abusing us verbally and saying he will destroy our lives if we move to court for property issue, but this is a bit old. In actuality he does this all the time and we do not have any recent recording. Police is also not listening to it. We didn't do anything wrong.
Please suggest what we can do!!
Please sir.
Asked 12 months ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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25 Answers

1. first of all engage a prominent counsel and make arrangements for the bail,

2. once you get the bail, share copy of the FIR and prepare your defence, 

3. provide all necessary documents like recording, civil suit papers to the investigating officer so that the facts reach the case file,

4. you can also opt for quashing in the concerned High Court or Discharge in the Trial Court, based upon a solid ground,

Suneel Moudgil
Advocate, Panipat
2343 Answers
4 Consultations

4.7 on 5.0

No need to worry.

All sections are non-cognizable except 509 IPC  by Police as appear on your facts of the case.

No question arises for arrest and bail at Police Station prior to preliminary enquiry by Police  notice under 41 A Cr.P.C.1973.

41 A Notice is formal and preliminary enquiry is mandatory. Before enquiry No arrest or bailing process.

509 IPC is Bailable offence and bail can be availed at Police Station .

In case of  call or pressure from Police Station  ,approach S P in case of District  or DCP in case of Metropolitan City, for legal action against officer and Police Station who are not following due process of Law. 

Be happy and enjoy.

All the Best. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You need to first seel anticipatory bail for all who is named in FIR. And later attend the police station

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. See urgent matters of the bail are listed before court through efiling and video conferencing so you can file for anticipatory bail to.avoid arrest and further can file quashing petition before high court to quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
131 Consultations

5.0 on 5.0

Audio recordings are admissible in evidence 

 

2) wait for police investigation to be completed and charge sheet filed 

 

3) contact a local lawyer and apply for anticipatory bail from sessions court 

 

4) online application can be filed in court 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Provide the vidoe to police. Courts are accepting bail applications. None of the charges are serious, so no need to apply for bail. No arrest.

You also file cross FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

As of now in COVID-19 lockdown situation.. police will not continue the FIR in the court as court as also closed . so you can request them after lock down is over can start running the case in the court and get the bail as well.

Ganesh Kadam
Advocate, Pune
12005 Answers
128 Consultations

4.9 on 5.0

1. Since notice under Section 41A Cr.P.C. has been served, police is now free to arrest you. Apply for anticipatory bail immediately.

2. The recordings can be used at the time of hearing of bail application.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

Hi

First of all get the Anticipatory Bail done for you all, courts are operational for urgent matters like bail.

Get it done,

Than file a petition for quashing of FIR in High Court after the lockdown is over. 

And give a complaint of life threat against your uncle and aunt in police right now.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Their is nothing to get so much worried about this case. 

2. Since a notice u/ s 41A crpc is served you must now apply for anticipatory bail which is expected to be allowed.

3. Once you get bail there is nothing left to be done.

4. This case is no way going to hamper your career for sure. 

5. Allegations of this nature is never proved in court.

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

Respected sir...

This is very normal with normal sections you need not to worry just hire a good lawyer he will tackle the case easily..you need not to worry about bail also because court is handling urgent bail matters and stay matters so you will be bailed easily and thirdly they even can't raise there fingers on you destroying career is so big thing .. just be strong have patience you will be discharged in the case ....just your lawyer need to do a good argument based on facts and supporting by recording that you have.

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

Dear Sir,

You are suggested not to afraid at all. Though the courts are closed for normal hearings but urgent cases are being entertained and in the present scenario you may approach high court also with the petition under section 482 Cr PC for quashing for said FIR with all your proof (recordings) etc. Also file an interim application for stay on arrest due to the said FIR. After getting favourable orders from Court (instantly for stay on arrest), you are suggested to act accordingly. Also nothing to fear because such cases are purely minor in nature and it will have little bearing on your career.  

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

Since they have filed a complaint with the police on false information, you also do it, i.e., you and your parents may file a false complaint against them in a similar manner so that they also realise the impact.

In the meantime you may approach an advocate in the local and obtain anticipatory bail, the courts are granting bails by hearing the cases through video conferencing.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

1. Meet the district SP, explain and give him the recording. Request him to investigate and withdraw FIR by passing Negative Report on FIR investigation.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Looks like this is a civil dispute amongst the family members, which is now being sought to be given a criminal flavour. Approach the High court and seek arrest stay/anticipatory bail. Urgent matters, including bail are still being filed and Heard in the high court 

Vibhanshu Srivastava
Advocate, New Delhi
9180 Answers
189 Consultations

5.0 on 5.0

As per your query firstly you have to take bail from the concerned court Or session court in which the case has been lodged. After taking bail you have to proceed further. Secondly you have notify the FIR date which you have not been mentioned here in your query. If you have any evidence in this case as you mentioned then you can obviously file quash petition before High Court.

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

Immediately you obtain bail since you have received notice U/s.41A, the police may arrest you any time, further if you are arrested and put behind bars, it will impact your career.

Courts are considering on line application for bail, contact local lawyer and share with him above details i.e., papers of partition suit, audio recordings & present case papers.

Thereafter, you can go for Quash once lock down is lifted and courts start functioning fully.

Co-operate with police during their investigation.

 

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

Hi, the above said offences are not serious in nature,there is nothing to worry at all ..It is advisable to apply for anticipatory bail ,to avoid any arrest and contest the case ..

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
48 Consultations

4.9 on 5.0

A petition for arrest stay and quashing of the fir must be filed in the high court immediately. Take anticipatory bail as and when the court opens. Till then file for arrest stay.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

- Under section 41-A CrPC, A police officer, in all cases , where the arrest of a person is not required under section 41(1), shall issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him. 

- Further the sections mention by you , are Bailable in nature , and a police officer has no right to arrest , except court order .

- Further, the police officer having power to accept bail bond from the accused under these sections. 

- Hence, no need of worry , and your father can appear before the police , or should inform the police that due to Covid-19 lockdown ,he is unable to appear . 

- Further, if your people are frightened , then apply for anticipatory bail . 

- Further , as per Supreme Court, electronically recorded conversation is admissible in evidence under Section 8 of the Evidence Act. , if the conversation is relevant to the matter in issue and the voice is identified. 

- Hence, you can produce the said recording against him before the court or police officer , even though is old .

- Further, you father should also file lodge his complaint against her for the offence of threatening , abusing , etc before the police and higher police official ,

- If no action , then file a complaint before the magistrate on the ground of said complaint . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

1. You should apply for anticipatory bail in sessions court as their will by duty judge for urgent cases. 

2. Defend yourself as per chargesheet filed by police case will not be that strong against you, try to collect evidence which proves that this case is filed just to harass you and pressurize to withdraw the case of partition.

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

As the FIR has been registered you have two options available one you have to apply for the bay and the criminal courts for their urgent matters open there you can apply for your bail.

The other option available to you is that you have to file FIR quashing petition in high court and there you can pray from the court to quest the FIR registered under those success in this case there is a possibility in case FIR is not west by the high court the court will definitely order stay on arrest and police will be ordered to investigate the matter

Vimlesh Prasad Mishra
Advocate, Lucknow
6820 Answers
23 Consultations

4.9 on 5.0

Dear Mr Engineer you need not to worry much in this  regard. The charges  against you are not serious and all  these offences are  bailable and you need not to go to court to get bail except if you are in Uttar Pradesh. You have to approach the police with three known respectable persons and give personal bonds  and surety (bail) bonds of the amount demanded by the police, in connection with your bail and police can't deny bail to you. Later after the filing of report (under section 173 crpc) by police in court (after lockdown) you will have to again give such bonds in court and than engage some good criminal lawyer and the rest will be taken care of by him. Nothing to worry if the case against you is false. Stay calm and enjoy your life as usual. 

Saurav Mahajan
Advocate, Kathua
9 Answers

4.9 on 5.0

Dear Querist

No need to worry, all the sections are bailable in nature, and police cannot arrest you or your other family members, so wait till the filing of charge sheet before the court by police and fight the case on merit.

 

During this period file a complaint before the police commissioner along with the recording of your uncle about threatening and request to make your complaint and the audio recording as a part of the charge sheet, It will help you in the future. at the time of framing of charge only on the basis of this audio, you will be discharged but this audio should be the part of the charge sheet then only.

 

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
5976 Answers
282 Consultations

4.9 on 5.0

1. All the sections mentioned in your query are bailable.

 

2. So, you can get bail from the police station itself.

 

3. Ordinarily, Notice u/s41 A is issued in cases where arrest is  not required.

 

4. Keep collecting evidence of their  torture in the form of audio/video recordings. You can install a CCTV camera  secretly to record their acts against you and your parents to use as evidence in your defense.

 

5. Hope your parents have obtained evidence of their appearing before the IO based on the Notice sent by him u/s41A of IPC.

 

6. Find out the next date of hearing and attend to the hearings duly contesting the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

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