• False case of 354b continued

Please refer my earlier question https://www.kaanoon.com/79197/false-case-of-354-b . The brief status of case is - False case of 354 b was registered on political grounds through 156 (3) on 8th july 2016. Internal Complains committe (ICC/Visakha) was referred the case. My anticipatory bail (AB) application was rejected in lower court on 3rd august. ( I learnt later that it was pre-fixed, details not necessary I think). I moved to high court in mid august for AB. Its still pending before calcutta high court. Meanwhile ICC gave verdict that case was false and was filed with malafide intentions recommending removal of service for the complainant. She has been removed on 15th october. But the political group is planning retaliation. A) Since police has not filed chargesheet till date and I have not been arrested, can they move to court to get an order of my arrest? B) What are the options before me to safegaurd myself legally? C) Which will be better option - go for quashing after AB from high court or fight the case in lower court on merit (case has no merit at all)? Note - Since I am a government servant, any arrest will badly affect my career (I have still 30 years of services left in group A service) + I can't be promoted till criminal proceedings are pending against me.
Asked 1 month ago in Criminal Law from Kharagpur, West Bengal
Religion: Hindu
1. First of all try to get AB from High Court. This will be easier for you now since the Visakha Committee has exonerated you.

2. Once you get AB, your apprehension/fear of facing problem  at place of employment for being arrested will be taken care of.

3. After availing AB, file a petition before the High court for quashing the FIR.

4. After the FIR is quashed, you can file a criminal case u/s 211 of IPC against her for lodging false complaint against you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
During pendency of your AB application you would not be arrested 

2) rely upon report of ICC that complaint is bogus in your AB application 

3) after obtaining AB file for quashing of complaint 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Police does not require a warrant from the court to arrest you. It can arrest you without a warrant. 

2. The only safety valve is anticipatory bail, which you have petitioned the HC for.

3. Whether or not it is sound case to apply for quashing can be said only after perusal of complaint/FIR. It is only in very exceptional cases that quashing is done. Even in meritless cases there may be sufficient merit to disallow quashing. So this question can be answered only after a perusal of FIR. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. Well,since your AB is pending there is no likelihood if issuance of fresh W/A against you.
2.The report of Internal Committee is not enough reason for quashing . Any how you have to wait till submission of charge sheet as beofre that Calcutta hardly intervenes in quashing cases.
3.Quashing is no option before submission of charge sheet. SO remove this from your line of action.
I am not sure why your AB is not heard in High Court as Calcutta High Court does not make so much of time to dispose of such application.
Feel free to contact if you need further help on this. Visit my site- www.acelegalfirm.com for further details.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
A) Since police has not filed chargesheet till date and I have not been arrested, can they move to court to get an order of my arrest? 

If the police feels that arrest is not necessary in the case before them, then it is the discretion of police.

Section 41A deals with cases not covered under Section 41 (1), wherein a police officer is directed to issue a notice and not to make an arrest unless the noticee after receiving notice does not comply with the terms of notice or complies once and then flouts it subsequently. If the notice complies with terms of notice, he may only be arrested for the offence concerned for reasons to be recorded in writing by the police officer.
The accused is rendered some fundamental right w.r.t. procedural law as well apart from substantive rights under Article 20.









B) What are the options before me to safegaurd myself legally?

You have to first obtain anticipatory bail and challenge the case properly in the trial court.





 C) Which will be better option - go for quashing after AB from high court or fight the case in lower court on merit (case has no merit at all)?

First obtain AB, wait for the police to file charge sheet, if you feel that the case cannot be challenged in the court owing to the time taken, you may chose to go for quashing the case which has less chance to get quashed because high courts do not entertain them as a routine. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0