What should be my next step?
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. Today he filled a case against me n my gf at the court under section 341 325 379 427 506 34
Please advice what's should I do? My lawyer told me to file a counter case against that and an antisipatery bail tomorrow. I am little bit scarred as I am a govt. Servant. Is it necessary to file a counter case against him? How can I quash the CASE against me.
Asked in Criminal Law from Andal, West Bengal
1) you should file for anticipatory bail
2) in your bail application give details of case filed by your girl friend against the boy of molesting her and that as counter he has filed case against you
3)you have to move Hc for quashing case against you
4)not necessary to file counter case against the boy
At first you should apply for bail and thereafter move the HC for quashing of the case as it is vexatious. A counter case can be filed if it is made out.
Case and case in counter will keep developing the enmity and may cause multiplicity of proceedings.
However you may lodge a counter complaint owing to the prevailing circumstances.
Before that obtain anticipatory bail and be safe.
1. He has filed a private complaint case against you for which there will be no arrest.So, you won't have to take anticipatory bail at all since it is not a case against FIR registered by Police,
2. Contest the case fittingly with all the evidence you have,
3. Ask your GF to lodge a police complaint alleging molestation,
4. If police does not take any action against that said person, your GF should file a Writ Petition before the High Court against the Police for their inaction praying for justice.