• Whether an arrest warrant can issue against me?

A boy of her college harrashing my girlfriend from 4 months. There were two FIR has been Lodge against him. First is under sec 341 323 354 354A 506 509 and section A of West Bengal institutional act 2000 which is Lodge by college on dtd. 27-02-2016 Second FIR was Lodge by her on 31-03-2016 probably on same section, dnt known by me. He has taken Bell.
Matter of fact is that on dtd. 09-05-2016 I was sitting with my gf at tea stall just near to her hostel, same time the arrived there and start taking pictures of her. On objection he goes from there quietly. After two he come back and start molestrating her physical by touch. On Objection made by us he start fighting with both of us. In that case he was injured in his head by bottle. Our fighting was stopped by local public. Next morning he theartend her warden that he will kill her if she come out from mess., so she could not file any report to police but she sent a mail to the police station regarding all this happen. Same day that boy filled a complain against me. On dtd. 12-05-2016 he filled a case against me at the cout under wht section not known to me.
Please advice what's should I do sir? Is any arrest warrant can be issue against me? If yes can I get antisipetry Bell n how? I am little bit scarred as I am a govt. Servant
Asked 2 years ago in Criminal Law from 8436046735, West Bengal
Religion: Hindu
you should file anticipatory bail application before the session's judge court immediately because he can file a doctored FIR which may contain some element to counter your gf's FIR. if he files FIR for commission of cognizable offence then you may be arrested. 

it is better for you to take query from the local police station, 

Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1) if any case is filed against you police will issue you notice to have your statement recorded 

2) apply for and obtain AB depending upon nature of case filed against you  
Ajay Sethi
Advocate, Mumbai
45633 Answers
2681 Consultations

5.0 on 5.0

You need not worry as you were only protecting the modesty of a woman. 
moreover you were sitting with your girl friend and when the man tried to attack you and your girl friend, you only adapted self defense. 
if there is a scuffle and you have caused injury to other person accidentally when you were protecting yourself and the girl, then it is a self defense. Since nothing happened to the opposite party other than a small injury, police will not arrest you and at the most, even if they call you to police station you will get station bail. No need to go to court. Please refer  to Section 96 of IPC which i have herewith copied for you: 
IPC Section 96. Things done in private defence:
Nothing is an offence, which is done in the exercise of the right of private defence.
Right of private defence cannot be said to be an offence in return. The right of self-defence under Section 96 is not absolute but is clearly qualified by Section 99 which says that the right in no case extends to the inflicting of more harm than it is necessary for the purpose of defence. It is well settled that in a free fight, no right of private defence is available to either party and each individual is responsible for his own acts. While it is true that law does not expect from the person, whose life is placed in danger, to weigh, with nice precision, the extent and the degrees of the force which he employs in his defence, it also does not countenance that the person claiming such a right should resort to force which is out of all proportion to the injuries received or threatened and far in excess of the requirement of the case. The onus of proving the right of private defence is upon the person who wants to plead it. But an accused may be acquitted on the plea of the right of private defence even though he has not specifically pleaded it.

Courts are empowered to exempt in such cases. It must be borne in mind that the burden of proving an exception is on the accused. It is not the law that failure to setup such a defence would foreclose this right to rely on the exception once and for all. It is axiomatic that burden on the accused to prove any fact can be discharged either through defence evidence or even through prosecution evidence by showing a preponderance of probability. It is true that no case of right of private defence of person has been pleaded by the accused not put forth in the cross-examination to the eye-witnesses but it is well settled that if there is a reasonable probability of the accused having acted in exercise of right of private defence, the benefit of such a plea can still be given to them.

The right of private defence, as the name suggests, is an act of defence and not of an offence. Consequently, it cannot be allowed to be used as a shield to justify an aggression. This requires a very careful weighing of the facts and circumstances of each case to decide as to whether the accused had in fact acted under this right. Assumptions without any reasonable basis on the part of the accused about the possibility of an attack do not entitle him to exercise this right. It was held in a case that the distance between the aggressor and the target may have a bearing on the question whether the gesture amounted to assault. No precise yardstick can be provided to fix such a distance, since it depends upon the situation, the weapon used, the background and the degree of the thirst to attack etc.

No worries. Nothing will happen to you. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
161 Consultations

5.0 on 5.0

The FIR may have been registered against you for causing grievous hurt and also probably attempt to murder. This is something that your lawyer should be able to find out locally. If the FIR has been lodged against you then apply for anticipatory bail immediately depending on the sections that have been slapped against you. It is a statutory right of an individual to defend himself against an imminent danger to his life and to use proportionate force to neutralize the threat. You may after obtaining bail move the High Court to quash the FIR
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, First you have to verify whether any FIR has been registered against you or not. If the police has registered the FIR against you then you have to apply for anticipatory bail in the District Court.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. You should have also lodged a police complaint against him,

2. However, do it now with all the evidence,

3. Since he has lodged a police complaint which has not yet been registered as FIR, there will be no arrest made based on the said complaint,

4.FIR is required to be registered for arresting a person,

5. For his filing a criminal case against you, there will be no arrest made by the police,

6. Both of you should now jointly lodge a complaint before the police by sending a letter by speed post under copy to the DC of police.
Krishna Kishore Ganguly
Advocate, Kolkata
18513 Answers
448 Consultations

5.0 on 5.0

You first apply for anticipatory bail and protect yourself agaisnt the arrest.
You can challenge the case in the trial proceedings when it comes to the court for trial. 
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

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