• Trap by a girl, section 354, 420, 506, 323, 34 IPC

We are new to the courts...as we never know how they work... here my brother has trap by a girl,where she had some affairs before ... now she filed a case against my family , In written complaint she mentioned that my brother married her as a evidence they produced photos , and where me and my mother was threaten her when she said about marriage,mentioned as I warned her that I will kill her and my mother hit and abused her,
Our voice is that where my brother was not married at all its a broken relationship and where we came to know they are some kind of morphing photos submitted to the court ,now she failed a case against my mother too,who is an copd patient and on me...under section 354,420,506,323 ipc on 26th July15.
1, 354 section is applicable for me and my mother ?as I understand its a modesty of woman...and sc said woman modesty is her sex..we no even harmed her.we not at all know her.how they file a case like this.
Police never enquired in village, just they filed a case straight away ...they can do like this ?
2, we applied for AB at district session court they dismissed! ? And lawyer reapplied and now hearing date is by Monday ...how do we get out of this case.
Its so clear my brother not married her.we not even harmed her in any mean. 
3,Some said about quash petition in high court after getting bail.. and is this that big case ? 
4,And how do we probe for the photos originality ?
5,What action can be taken on her and on her family when the photos probe morphed.?
By this me worried about my studies and my mother health as we abscond from the native.
We really afraid of as I lost my father an year ago who was journalist and we just coming out of hard time. Please help us.
Asked 1 year ago in Criminal Law from Hindupur, Andhra Pradesh
Religion: Hindu
Hi
Securing bail is important. Ifyou have any evidence to prove ur innocence. Submit before court 
Morphed photo can be brought as a defense 

Once the bail allowed u should try for quashing FIR
This can be done after the charge as well
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. No. 354 does not apply to you and your mother.
2. File fr bail in high court. Sessions court likely to reject the bail application this time also.
3. Quash petition may be filed but after submission of charge sheet. Quashing case can be filed if few sections like 354 are not applicable against you
4.Ask police to do so.
5. Let the police first produce proof of morphng. If it is so proved then police itself will file cirminal case against them for lodging false complaint.Highlight this in high court.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1. Your first priority should be to get bail, failing which you can be  arrested. If the lower court has rejected the bail once, it is most unlikely that you will get it in the second shot. You should be prepared to move the High Court.

2. Quashing can be sought after you have obtained the bail.

3. You can request the court to send the photos to forensic laboratory to ascertain their authenticity.  If it is proved that she morphed the photos to launch your prosecution then you can prosecute her for defamation and also seek damages from her.

4. Produce before the HC all the evidence which can point out your innocence. The sections in respect of which you can seek quashing can be determined only after the nature of exculpatory evidence is known.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1.You are saying no but she has complained that yiy have outraged her modesty.So, you shall have to contest the case fittingly,

2. You shall have to contest the case and keep applying for the AB for which you shall have to engage an experienced criminal lawyer having expertise in this field,

3. It is advisable to apply for the quash petition after charge sheet is filed by the police. The charges leveled against you are serious and non bailable from the police station,

4. Pray for sending those photographs to be sent to Govt. Forensic laboratory to avail report about their originality,

5. You can file a case against her for harassing you by filing false case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1.Yes . Pray for forensic test as suggested in my earlier post,

2. Police has put the said charge on you and you shall have to contest it. Once you get the AB for all of you specially your mother, you can contest it leisurely without being afraid of any arrest,

3. This is not the time for filing the quash petition. Let you get the forensic report and let the police submit charge sheet after which you can file the said quash petition,

4. You shall have to file the quash petition u/s 482 of Cr.P.C. at appropriate time,

5. The question of your filing a case against her for filing false case against you will come after years since it will take that much time for yo to get out of the legal mess created by her. So, at present concentrate of how to defend yourself and your family members without thinking about filing case against her u/s199, 209 etc.of IPC.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1, 354 section is applicable for me and my mother ?as I understand its a modesty of woman...and sc said woman modesty is her sex..we no even harmed her.we not at all know her.how they file a case like this.
Police never enquired in village, just they filed a case straight away ...they can do like this ?
This issue of the charges under the referred section can be taken up only during trial of the case and not in the initial stage itself, one  has see the charge sheet to confirm your mother being charged under this section too.


2, we applied for AB at district session court they dismissed! ? And lawyer reapplied and now hearing date is by Monday ...how do we get out of this case.
Its so clear my brother not married her.we not even harmed her in any mean. 
If AB is dismissed, but has been filed again, wait for the outcome, if it is dismissed once again, you may approach high court, which will be liberal in granting  anticipatory bail on such cases. 
If your brother has not married her, let him deny it during trial of the case. 



3,Some said about quash petition in high court after getting bail.. and is this that big case ?
You have to weight the probabilities depending on the nature of the prevailing circumstances. 


4,And how do we probe for the photos originality ?
You will get an opportunity during trial to disprove the same. 

5,What action can be taken on her and on her family when the photos probe morphed.?
First you prove it and then after getting acquitted in the case decide about next course of action for taking a case against malicious prosecution. 



1, police submitted the photos to the court as a proof through PP. Shall we ask for their originality in trail? Like some forensic tests ? 
Yes, during trial, you can very well ask for its original format or at least the negative.


2, sec 420 also applicable to all of us.. ? Is that possible to exclude my mother and me from this case ? Or at least my mother as she ill.
Take up the matter for quash before high court.


3,What evidence we should show to the high court to quash the fir?  
It depends on what grounds or basis or documentary evidences you are in possession for seeking quash.



4,What all sections we can ask to quash?
Entire case


5,Under what are all sections they can be punished for raising a false complaint ?
First let the court court decide that these are false cases and then think about next action.

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1. Yes apply for FSL Test.
2. Yes, file quashing petition.
3. Non applicability of section 354 and 420 against them,
4, 211 
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0

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