False case against my brother
My brother was working for shipping corporation of india. In 2015 he went to kolkata by ship, and had a fight outside by locals. He and one of his colleague was involve in it. They have not even done anything but basically beaten by locals. Police had registered a totally false case agaist them u/s 341,323,354,354a,354b,34,506 under local political influence. They got the bail on very same day they produced to the magistrate. Police mentioned in the FIR that they entered in a compound of brothel and outraged the modesty of a women there and beaten them. When we ask police that why are you making false case and playing with the life of two peoples they say that " Bahut pressure hai upper se". Till last hearing chargesheet was not filed and next hearing date is soon so can sirs/madams advice what is the way out of such type of case where police is completely and knowingly helpless and going to do a negative chargesheet. One more thing after they hot bail the other party said for case settelment. As some of the above sections are non compoundable and both parties are ready to settle the case then is quashing of FIR is advisable and effective in kolkata high court? Or if chargesheet is filed does quashing a chargesheet have fruitful results. Please provide your kind advice what is the way out of the case as my brother and his colleage are suspended and jobless till case is under trail.
Asked 8 years ago in Criminal Law
Religion: Hindu
thanks a lot for your kind suggestions. Mr Ganguly as you asked more details here is the whole scene picture:
My brother and his colleague left the ship for some shopping in the city, while coming back they stop by a medical store outside of which one man was standing with a army colored cap and asks both of them for their id telling them that he is a police personnel when they showed their id, he snatched the purse and mobile from them and walking away from them on the main road itself. they followed him and then this guy stopped in his locality with some other guys. when my brot & his colleague trying to get their belonging back they have been beaten by these people and handed over to police. Both of them got injuries also and as both of them were from outstation police were saying only speak Bangla, dont speak hindi or english. My brother and his colleague asked police for register a complain against those people as they got beaten up and even my brothers mobile was missing. But police did the opposite as they thought by registering fir against them stating that they entered one compound of brothel and beat the women their and outraged their modesty, and bla bla under above mentioned sections. When my brother was on the way to court under police custody, policemen in the police vehicle told them that "' You know why this is happening to you because the man snatched your wallet and mobile is a local politician man who runs these brothels, so thats why you are facing all these". My brother & coll. got bail on the very same day, and then the other party called us and wanted to do settelment. So this is the case, i even spoke to the Investegating officer and asked him to please listen my brother side also so he says ''No bahut pressure hai kya kare''. this is the case sir. So as per you Mr Ganguly filling quashing after chargesheet will be good as per the trends of the kolkata high court.
Asked 8 years ago