False allegation of assault
I had given Rs.700 to a HR company to get me a job (they claimed they are govt. recognised) but, they did not do as they had promised and had fled the place. After 10 months I got a call from an unknown person that they had been found and gave me an address to meet a certain female and collect my money (it was different company related to finances), as I went there they took my details and openly denied that they were connected in any form with that company I argued with them and they sent two more people to talk with me, they too took my contact details and told me to come after 2 days, I felt irritated and threatened them that I will go to the police, and I went out to answer a phone call then, one man came out of the office and tried to beat me but I dodged his blows but, then he kicked me and I caught his leg and he fell down, and snatched my phone he then called the police on his cell phone. After they police came we noth narrated our incidents to the police man and the person who beat me alleged that I was stalking and troubling the girl the girl was called and denied I stalked or troubled her, then the person who attacked me alleged that his leg had fractured as I had kicked it, the police took me to police station in the meanwhile he called my mother using my phone and threatened he could spoil my life he came limping to the police station and however they didnt accept his case but, kept me in police station for 6 hrs. My question is what could I have done if the case had been filed? and what all are my rights in such a case? Thank you
Asked in Criminal Law from Mumbai, Maharashtra
1.These persons are appeared to be to thug/fraud. Do not mess with them.
The have time, money and influence.
I would advise you to forget the Rs.700/- and look for job through some other Recruiter Company and this time engage some well known company.
2.I do not think any case has been filed. If filed then take bail first.
You can similarly lodge complaint alleging the incidents done to you.
Police detained you for investigation. Had the case been filed you would have been arrested and produced in court whereupon you would have been sent to custody if bail was denied.
You should forget Rs.700/- which you gave to these people. In future do not give any amount of money to any placement agency without checking its antecedents. If it claims to be government recognised then insist on production of the certificate of recognition.
1. Your question is 'what you could have done, had a case been filed against you?',
2. Criminal cases are filed based on FIR lodged under specific sections of IPC specifying the charges levelled against you,
3. On hearing about the FIR lodged against you you should have taken anticipatory bail if you were not arrested by the police or would have taken Bail had you been arrested,
4. After that you were to contest the case fittingly at the Court,
5. In the instant case you have a good opportunity to file a complaint case before the local District Consumer Dispute Redressal forum alleging deficiency in service & unfair business practice claiming refund of the amount paid, damage & cost,
6. You can also lodge a police complaint of cheating against the said Company,
7. However, the amount lost by you is too small for taking the above steps.