• FIR filed accusing of section 353 IPC

Sir, i am a Govt. employee, 10 days back, on saturday (holiday) i had some alcohol in bar and returned to home. After sometime i realized i forgot it at the bar. By the time i reached bar to find the same it is closed. At the same time the police patrolling has come for rounds  and i told them about the matter they went inside and talked to them and after some time they called in and one constable started abusing me in vulgar language in support of bar person and when i tried to defend him he once again abused me and even slapped me and i started crying. I felt shame and also abused him and also said that is this the friendly policing and pushed him. This only incident they have video recorded. After that also while taking me to the police station in the jeep also they have beaten me unnecessarily. Then i threatened them saying that i will complain on them to HRC. After they realized i am govt. employee they filed a case on me under 353 and 458 section. In the morning they released me and after one day they called me to come and collect the notice when i went there they took my acknowledgement but did not given me the FIR copy. and asked me to go from there saying that when ever they call me i have to go to police station. After few days i came to know that it has also been sent the organization where i work but not yet received the notice yet. 
In view of the above, my question is that 1) can i file a counter case on them for beating me when i have taken alcohol and even without any mistake done. 2) why did they did not arrested me yet and produced me in the court even they did not even given me the station bail. 3) Can they arrest anytime whenever they want without notice 4) will i get a immediate bail for the above sections. 5) is there any rule after booking FIR its their wish any days they can take to arrest me. 6) Is there any option for them to compromise on this case as per my request 7) will i get suspended for this? please give me a reply for which act of kindness i will be grateful you. Thanking you.
Asked 1 month ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
You can file counter case on police officers who assaulted you 

2) offence under section 353 of IPC is non bailable and non compundable 

3) apply for AB from sessions court 

4) police cannot release you on bail 

5) if you are behind bars for more than 48 hours you may be suspended 
Ajay Sethi
Advocate, Mumbai
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You have to contest the case filed by police after obtaining AB 

2) police would not be taking permission from your organisation 

3) police will conduct investigations and then file charge sheet against you 
Ajay Sethi
Advocate, Mumbai
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1. You can file a criminal complaint under section 323/324 and 338 IPC for causing hurt and illegal detention but it should have been filed immediately. The delay in filing it can favour the cops now. 

2. Apply for bail which you will get. Emphasis should be on bail as you are a govt servant. If you are remanded to custody you will get suspended.

3. They do not require the permission of your dept to arrest you. They have not arrested you as they no know that they are on a sticky wicket.
Ashish Davessar
Advocate, Jaipur
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my question is that 1) can i file a counter case on them for beating me when i have taken alcohol and even without any mistake done. 
You can file but for that also you have to aproach the same police station, do o think you will be entertained by them on this ?


2) why did they did not arrested me yet and produced me in the court even they did not even given me the station bail
The question why did they not arrest you is to be answered by them, however it is bailable offence hence they may not have done it.



3) Can they arrest anytime whenever they want without notice
It is bailable offence hence you can apply for bail before court by surrendering  before court and can get bail on the spot at the same time. 



 4) will i get a immediate bail for the above sections.
Yes, read the above answer.





 5) is there any rule after booking FIR its their wish any days they can take to arrest me.
The police may not decide to arrest you in such cases, there is no legal infirmity in it.




 6) Is there any option for them to compromise on this case as per my request
You have to look for one based on the police registering the FIR.




 7) will i get suspended for this? 
No, you will not be suspended for this. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Why didn't the police arrest me even after ten days? 
If the police feels arrest is not necessary in such cases, they may remain silent on this.



What will be their next step?
They may file charge sheet before court.







 Are they taking permission from my govt. organization where i work?
This is also not necessary.





 Do they have the power to arrest anyone at anytime even after filing a case? 
They do have.



Finally what measures should i take to get out of this.
You can challenge the case during trial proceedings. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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