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kapil   28 March 2020

Section 107 and 151

A Girl filed complaint against me and police arrested me. And complaint filed under 107 and 151. Police took me under police custody for 24 hours then put me front of ACP and ACP released me with personal bond.and asked me to be come on the given date. My query is: 1. What would be happen next and for how many time I have to visit executive magistrate court. 2. I am preparing for Govt exam if any case I get selected would it effect on my Govt job. During police verification?. 3. Police convinced the girl not to file FIR and girl agreed with that. But if girl wants to file FIR again against me for same reason would be she able to do it or not. Please reply ..Your reply would help me a lot. Thanks.


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 11 Replies

Adv Shadab Ahmad   28 March 2020

answer1.kapil you need not to worry , you have to attend each and every date of proceeding, this case proceeding will automatically end with the expiry of three to four months.
answer.2 .No, this case will won't affect yours govt. exam ,or rather if you get succeed in your exam ,you will not face any problem with it..
answer 3. yes girl is free now she may filled complain against you , for this you have to be more care full , cut all yours contact with her , keep your self in a place where you have atleast 2 -3 people surrounding , because if she would filed any complain then these people will help you to confront it.
1 Like

G.L.N. Prasad (Retired employee.)     29 March 2020

For the present, you are in safe one and thank those police officers that rescued you from such an awkward situation.   Just focus on your studies and building a career and engage in social service activities and create an impression among police of your dedication to career and towards society, so that they can manage everything in your favour if you are showing good conduct.

kapil   29 March 2020

Please give me one more answer because this kind of think me never happened with me in my life I am so nervous and I lost my focus since the day this happened with me. Query;- If in case I do nothing with girl or even I don't contact or see her in my life again. Could she file FIR again if she got up mind suddenly that I have to file FIR after 1 or 2 months or more? Would she be able to do it again without any my interfere in her life. Please reply And thanks for reply..

G.L.N. Prasad (Retired employee.)     29 March 2020

Be practical while posting queries.  This is your doubt.

"Could she file FIR again if she got up mind suddenly that I have to file FIR after 1 or 2 months or more? Would she be able to do it again without any my interfere in her life. .
 

How can members in this forum foretell the future actions of the girl not known to them?  There are always elements that offer free advice on other's matters and may spoil the girl and all depends on facts and if you avoid interfering in her life, there may not be any opportunity for her in the future to complain or dig into your past.

Free Legal Help India   29 March 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.

P. Venu (Advocate)     29 March 2020

You only are aware of the wrong doing, if any, on your part. No meaninful suggestion is possible unless the material facts are posted.

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Section 107 in The Code Of Criminal Procedure, 1973
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Section 151 in The Code Of Criminal Procedure, 1973
151. Arrest to prevent the commission of cognizable offences.
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub- section (1) shall be detained in custody for a period exceeding twenty- four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.
 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

1. On being notified by police about the next date of hearing you may have to be present before the executive magistrate for inquiry and trial, you may engage an advocate also to defend your case. 

 

2.  If you are punished and sentenced to undergo imprisonment then it may reflect in the police verification report. 

 

3. If the police convinced her not to pursue the matter any further and if she had agreed for it  then  you may be relaxed about it, the magistrate may acquit you, however if the girl is insisting on the FIR, then you may have to face the trial.

 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Could she file FIR again if she got up mind suddenly that I have to file FIR after 1 or 2 months or more? Would she be able to do it again without any my interfere in her life.

 

She may have to approach police for this.

However since the previous complaint was disposed by police, they may not entertain her second complaint on the same grounds for the same cause of action. 

There is no restriction on her that she cannot lodge another complaint once again within a short period stating that the police have misguided her to withdraw the complaint whereas she wanted justice hence she is approaching the law enforcing agency with the same complaint again.

Anything can happen hence you be vigilant for some time about it.

 

kapil   30 March 2020

Thanks for your valuable reply this gave me some relief... But when I asked sorry to girl and after convinced, girl Pardoned me as I talked with police officer. Then why police took me in custody for 24 hours and filed a complaint under 107 & 151. Why would not police released me immediately?? Please Reply..

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