You can apply for bail in the matter if he is arrested. If not arrested then go for anticipatory bail.
False allegation on an advocate by his neighbor
This is to state that my friend is newly enrolled working advocate in the state of West bengal. He is having his chamber under one Apartment that posses some other style of businesses in that premises. The premises has a spa parlour and the same is doubted for running a brothel inside the shop abd hence the Apartment committee tried to talk to the owner of the spa parlour that this business of flesh should not be conducted in and under a residential Apartment but in response the spa owner filed a suit under 144 ipc again the secretary abd other members of the Apartment. After a few months one media did a string operation in that spa parlour and caught ongoing trade of flesh inside the spa parlour and case under immoral traffic was registered against the owner. But the spa owner got bail after 5 days of jc and now after a few month the spa owner filed a false court case u/s 356; 385 against an advocate/my friend having his work chamber adjacent to the spa parlour. He / my friend tried to do compounding but the police denied from doing compounding and said my friend to go the court for the bail. Therefore I request you all to kindly suggest some helpful measures in this connection.
Asked 4 years ago in Criminal Law
Religion: Muslim
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6 Answers
If any FIR has been filed your friend should apply for bail
police would conduct investigations and file closure report or charge sheet
1. Your friend himself is a lawyer for which he is expected to handle his said matter himself.
2. However, both the sections of IPC are non compoundable.
3. So, your friend shall have to approach the Court and avail grant of bail to contest the case fittingly thereafter.
If the police have registered any criminal case against your friend advocate then he has to handle it legally.
It is not known that under what offence that he has been booked, hence any offence in the nature of private complaint has to be handled by the individual accordingly.
Let him follow the process of law.
Your friend should challenge the criminal proceedings instituted against him by way of filing a quashing petition in the High Court, since this case against him is nothing but a counter blast. It appears that since your friend played an active role in getting this spa parlour closed, he is being targeted
Dear client,
Contingent upon the seriousness of the case, one must apply for expectant safeguard like anticipatory bail to the session’s court or the high court. You may also apply for quashing the case under article 226 of the Constitution read with sec 482 of the CrPC.
Thank you.
