1) you can move HC for quashing if false case had been regd
2) it is better you wait for police investigation to be completed then file for quashing
False case of 354 (B)
My name is P(withheld). I am working in a city of west bengal as a group A direct officer in railways. There are various trade unions operating in railways which from outside political support create various nuisance. Recently in relation to a transfer order issued from my office, these people had gheraoed me for withdrawl of order. When I didn't accept and implemented the orders, they came to my house in mass and tried to enter forcefully. I reported this to local thana and a general diary was made. When they feared departmental action, they filed a false complain of sexual harassment in thana to bring me on negotiating terms. It may be noted that the lady herself is treasurer of that union. when police came for initial investigation, they found nothing of such sort and refused to file FIR. But union people went to judicial magistrate and under 156(3), got the FIR registered under section 323, 354 and 354 (b). It may also be noted that even before FIR these people intimated the media and defamed me. Since the complain is related to workplace, they didn't even intimate the office but sent a copy of FIR to office. On that basis, a departmental enquiry is formed and also visakha(ICC) enquiry has started. i dont want to succumb to pressure but want good legal help to get out of present situation.
Asked 8 years ago in Criminal Law
Religion: Hindu
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7 Answers
Immediately contact a lawyer along with all the documents and fight the matter on merit.
Feel free to call
This is the pressure tactics played by the people in power.
This type of embarrassing situations are to be faced when one is very sincere and honest to his duties.
This type of misuse or abuse of power are very common in such set ups.
The departmental action now initiated agaisnt you is fearing the further wrath of the hooligans in the guise of union office bearers.
You will not get any support from the higher office on such issues.
You have to face all the crisis by yourself or with the help of an advocate.
You should not accept any allegation leveled against you by the department or by the complainant in her police complaint.
Take the help of an advocate and first take an AB, then face the trial proceedings in both the places properly by challenging their alegations with tough fight back.
1. Since the FIR is false and vexatious you can move the High Court for the quashing of FIR that has been registered on judicial orders.
2. You are also free to launch a criminal prosecution for defamation against these people. A suit for damages can also be filed against them as your reputation has taken a beating due to the false FIR and its communication to your office.
a. I have applied for AB for which date is on 2nd august. But it is being suggested that it will give wrong message that something is wrong. Is AB necessary or can I withdraw its appeal? I am confident that no inquiry or investigation can find anything as I don't even recognize the accusing lady properly. b. At what stage should I appeal for quashing of FIR? Can Application of AB in sessions court and application of quashing at high court be done simultaneously?
Asked 8 years ago
Obtaining an AB will protect you from the harassment of getting remanded into judicial custody i.e., behind bars.
There is no question of any wrong signals in this.
The quash of FIR is no a better idea, because quash of FIR is not done in routine manner
No doubt AB and quash of FIR can be taken up simultaneously
1) if you have applied for AB you should go ahead with it
2) apply for quashing after you receive police investigation report
3) dont be in hurry to go for quashing
1. How does AB give a wrong message? Rather, it gives the right message i.e a citizen who has been wrongly framed is asserting his innocence. You are being misled.
2. You are free to move the HC for quashing even now.