How can we defend our selves from fake 354, 354c, 354d, 504&506
we are group of four student whose studied in a institute and our batch-mate girls filled a false case against us under ipc 354, 354c, 354d, 504 and 506. the girl who filed case against us due to an argument of whatsapp which is started by her. she did't indicate this thing in FIR but she allegated false allegation which was never done by us. but we have some selfie videos and photos of her and which shows that we were not doing any such cause which she said in FIR. we all four boys have good relation with all students in class even we also helps her in projects and study. We did not know this that girls will do this type thing for a argument and second thing wee forbade her to help in exam's projects so she get angers.
our lawyer filed a petition in high court for stay order on our arresting.
Please sir help us we all are live from our family and our family condition is so good, we did not tell to our family because one of boy's in this group is heart patient and one have not father he is the only last hope of his family and rest of two boy's belongs to a farmer family. Please guide us to rid out this problem. and tell us the meaning of this which is issued by HC in simple language as soon as possible.
we will be very thankful of you all.
Note: i also paste here HC order which is issued.
Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 11909 of 2016
Petitioner :- Neelesh Pal & 3 Others
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Ajatshatru Pandey
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J.
Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and learned AGA for the State.
Petitioners have approached this Court with a request to quash the FIR
dated 12.05.2016, registered as Case Crime No. 279 of 2016, under
Sections 354, 354(C), 354(D), 504 and 506 IPC at Police Station- Noida
Sector-58, District - Gautam Budh Nagar.
This Court has the occasion to peruse the FIR and the FIR in question does
discloses a cognizable offence, in view of this, there is no occasion for this
Court to quash the FIR, as has been prayed on behalf of petitioners, as
such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioners next contended that the offence in
question as has been alleged to have been committed by the petitioners is
under Sections 354, 354(C), 354(D), 504 and 506 IPC and for none of the
offences even if the charges are found to be proved sentence of more than
7 years can not be awarded and, in view of this, mechanically arrest
should not be effectuated by the police personnel.
The fact of the matter is that till date arrest has not been effectuated and
this is mere apprehension of the petitioners that they would be arrested in
breach of provisions as contained under Section 41 (1) (b) read with
Section 41-A of the Cr.P.C. Once there is statutory provision provided for
then it is always expected that the said provisions would be adhered to and
in case there is any violation of the same, complaint can also be made
before the Magistrate concerned to remedy the situation.
In view of the above, it is hereby directed that in case arrest of petitioners
is to be effectuated and the offence, in which they are wanted, will not
entail sentence of more than 7 years then in that event concerned police
personnel should deal with the matter in compliance of the provisions as
contained under Section 41 (1) (b) read with Section 41-A of the Cr.P.C.
Writ petition stands disposed of.
It is further provided that if the investigation in this matter has been
completed and police report under Section 173(2) has been filed, the
petitioners shall not be entitled to any benefit of this order.
Order Date :- 24.5.2016