I had gone with my friend to a business contact Mr Neelu of his about 8 months back , he was making a deal with him of property . I saw the papers and in front of me they stuck a deal. Mr Neelu later backed out of the deal and on my friends persistence has filed a case of harassment and assault on us , saying we threatened and slapped him. They had many many meetings after that , but after he faltered on his deal he booked a complaint. Is his complaint mantianable and under what section .
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Under section 352 of IPC whoever assaults or uses criminal force to any person shall be punished by imprisonment for 3 months or with fine which may extend up to Rs 500 or both
burden of proof is upon prosecution to prove allegations made in complaint
The criminal complaint if made before police and they find a cognizable offence made out, then on the basis of the contents of complaint, the police may register the complaint involving the proper provisions of law accordingly.
Is it easy to prove the allegations for him.I have not been in contact with him his allegations are just verbal without any evidence would the police book the case after such a delay
Whether the complaint is maintainable or not will depend on how you defend yourself based on strong documentary evidences and proper cross examination during trial proceedings to nullify his allegations by the ability of the skilled advocate appearing for you.
Well it seems that the complaint is the outcome of the deal that didn't go through. Therefore that complaint won't stand.
Bald allegations won't be of much value as he has to have proof.
It is difficult to prove allegations
deny that you slapped the complainant
Then it can't be easily proved in court
1. Where did he make the Complaint? Before the Police? The sections will be ascertained depending on the complaints lodged by him.
2. Moreover, the sections will be put only if the said complaint is registered as FIR fining prima facie evidence in the complaint.
3. If no FIR is registered by the police then the complaint will have no effect.
Ordinarily, the police will not register any FIR based on the said complaint narrating old incidence.
Dear client,
proving allegations depends upon the strategies of the other party and their lawyer. Therefore you should always be ready for any circumstance that might affect you in this false allegation.
what you can do is don't argue with police or resist arrest. It bears repeating. Don't talk to the police or anyone without first consulting your attorney. If questioned, tell the police you wish to invoke your right to remain silent and want an attorney present. Don't have any contact with the victim. You could end up with additional charges for harassment, stalking, or witness intimidation. Also, don't destroy evidence.
Thank you.
- Only on the ground of a compliant , an FIR cannot be lodged without an enquiry by the police official
- Further, such complaint without any proper evidence is not maintainable , and it can be dismissed even without an FIR.
- Hence, you can deny for the same.
