Hi, You have to appear before the Hon'ble Court and get the Bail first and thereafter you can contest the case.
2. You have one more chance to file Petition under Section 482 for quash the Charge Sheet before the Hon'ble High Court of Karnataka.
False complaint and late update by police
Hai Myself Kumar. ( 32 Y ) I was working as a manager & in the same co. there was Lady ( 39 Y ) who was working under me for 4 years. Intial days there was no issue but at 4th year onwards she started troubling others employees & fraud related works, we warned her multiple times and also took 2 times written appolize letters in span of one year. But even after all this she committed serious issue at office & we asked her to leave job. considering her family instead of termination we given her up to date settlement along with one month additional salary in mode of cheque. & she uncashed it within two hours. ( 1.2.2018 ) The shocking thing after 2 days ( 3.2.2018 ) she given complaint at KS Layout police station stating we threatened her and forcefully asked her to leave job, the sub inspector asked me to come station and i given all her apolize letter & settlement and resignation documents. Sub inspector felt its her mistake with warning on both side she closed the case on same day. Then everything was going good all of sudden i got call after 6 month ( 1.8.2018 ) stating there is FIR on me with a section 323, 506, 509 & 354 IPC . I visited the station again and checked it was another new complaint from the same lady after 1 week from the first complaint. In her Second & New complaint she stated after the First complaint issue resolved i called her out side of police station ( 500 meter distance ) and started talk with her on bad words & tried to hold her neck and pushed her down, also as per complaint there was her brother who helped to involve and releave both of us from fighting. Unfortunately after the i came to know about 2nd complaint i given all the documents ( her apolize letter, settlement & first complaint detail ) but still police nothing considered and they just raised charge sheet stating i have committed the crime & on top of it they suggested at station level cant do anything u can fight at court. now the case is in honorable court. Its a just case for Police but it affected me very badly - I even forced to leave my job even though i have not committed any crime . My query is - after first complaint i came out of police station and left from there immediately but the second complaint is raised after week and i came to know to after 6 month so i could not able get any solid proof that i was not in that place & NOT COMMITTED ANY CRIME. even her side the only one proof is her brother ( of course he is false proof - eye witness ) & No any medical report of wound or anything. 1. If Honorable Court decide i am guilty what might be least & max punishment that i may get ? 2. Even though she was just near station (500 meter) she given complaint after week will it affect her & Case ? 3. Here police worked complaint against me - are this section whatever they have mentioned are this correct for the crime explained ? 4. Police informed me after 6 month about complaint was not mistake ? Thank you for your valuable advice
Asked 4 years ago in Criminal Law
Religion: Hindu
9 Answers
Hello Sir, Thank you for quick response. Yes i got bail and from next week the cross examination & other process i starting. to know the serious & possible plus points of this case i have posted the case details here. Also i want to make sure what my current lawyer suggesting is appropriate or not ? 1. If Honorable Court decide i am guilty what might be least & max punishment that i may get ? 2. Even though she was just near station (500 meter) she given complaint after week will it affect her & Case ? 3. Here police worked complaint against me - are this section whatever they have mentioned are this correct for the crime explained ? 4. Police informed me after 6 month about complaint was not mistake ? if i get answers for this it will be very helpfull
Asked 4 years ago
Dear client,
1) As there are multiple sections filed, it can be added up such as section 323 is extending up to to 1 year or 1000 fine or both and section 509 is extended up to 3 years or fine so on.
2) Limitation of one week won't affect but the proof will.
3) They have booked you for criminal intimidation, voluntarily causing hurt, outraging the modesty of women and assault to women. As per crime, yes.
4) It is wrong, they should have been informed earlier. You can raise this issue in court and try to dismiss the case.
Thank you
It appears to be a belated complaint filed by lady
2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
3) no case of criminal intimidation,grievous hurt ,outraging modesty has been made out
4) you should contest false case filed against you on merits
506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
2)323. Punishment for voluntarily causing hurt. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
1. 323. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
- 506—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.
- 509—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
- 354--Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty1, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
2 Her compliant is not maintainable , you can contest her case
3. You can argue at the time of framing of charge to remove the sections ,and also can approach the High court for quashing the FIR.
4. Yes.
1. The court finds you guilty, it pass convict you and may pass orders sentencing to undergo the award given on the basis of the sections of IPC involved in the case, i.e., if the court is finding you guilty it may punish you as per the provisions of law invoked in this case.
2. You can nullify her statement during cross examination and get her admitted that it is a false allegation, it depends on your advocate's cross examination skill.
3. You may have to deny the allegations mentioned in the charge sheet during trial proceedings.
4. It is a matter of trial, you may have to get the contradictions records during trial proceedings on all such things.
1. The court would decide about the punishment on the basis of the provisions of law on the charges filed under various sections of IPC.
2. It is a matter of trial, your lawyer has to properly deal with it during cross examination.
3. It cannot be opined because the charge sheet copy has to be perused to know the reasons mentioned therein.
4. It is a matter of trial, there can be no answer to this at this stage.
You will be acquitted. The worst punishment is lowest term upto 1 year.
Yes delayed compliant will help you.
No it will be scrapped if you do proper cross examination
Don't believe police
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