jayaseelan (Team Manager) 12 November 2011

393 case filed without any proof

Hi,

One of my coleague who is 25 years old and BE graduate working in a reputed concern was tkan into custody for a mobile theft case on 12th and was remanded in jail for 2 weeks without any bail. the current FIR was filed on 13th for section 393. till now there is no charge sheet filed and my colleague is innocent.

My colleague doesnt have any motive to steal a 20K worth phone when he is emmployed in agood company. Police is not returning his Bike ans\d MOBILe and they also beated him badly to accept the theft.

He is helpless and doent have anyone to help. Police doesnt have ant proof that he is involved.

PLease advice how this case can be approached and what can be done

Thanks..

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 November 2011

Dear Jayaseelan

Section 393. Attempt to commit robbery

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

if police have not any evidence regarding this then fight the case, firstly filed an application for bail

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 November 2011

239. When accused shall be discharged.

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.