False allegations and complain against a police officer
Ahana Majumdar
(Querist) 15 April 2017
This query is : Resolved
Respected, Experts,
My question about a case of harassment and false allegations against police officer.
An advocate, who is accused of a case relating to a woman for online written defamation, verbal defamation, harassment (mentally and physically both), threatening to murder and also to rape. Infect the advocate threatened the victim that if she takes any legal step he will destroy her life with her family. The advocate got arrested after lodging an FIR and got bail. He has strong political and legal power may be that's why no investigation has taken place still after 6 months of the FIR and case. But he is continuing his harassment, even more than before. That's why the victim met the SP and SDPO. And the SDPO verbally ordered two ASIs of police to call the accuse to the police station for a general conversation to ask him to stop this harassment. The ASIs followed his Oder. But at present the accuse is giving false allegations of harassment by police and taking advantage of the position of service so, he lodge a false complain to the SP against one of the ASI who is also the father of the victim. Please, advice, how to protest these wrongs legally?
Adv. Yogen Kakade
(Expert) 15 April 2017
Apply to the trial court with the facts and pray to cancel the bail of the accused on the basis mentioned grounds. Law is equal for all, even for lawyers. Don't worry.. be smart and strong, you will get the justice.
Sudhir Kumar, Advocate
(Expert) 16 April 2017
Fully agreed.
If application to trial court fails move to High Court.
Also contact bar council for the procedure of giving professional complaint.
Guest
(Expert) 16 April 2017
First file a Petition in High Court seeking Pollice Protection .Let the Petition be in detail and with all the Evidences.The High Court would handle it.Consult and Appoint A Local Good Senior Advocate of Criminal Side.
Ahana Majumdar
(Querist) 16 April 2017
Respected, Experts, thank you so much for your valuable advice.
An important thing sir, He is a member of bar council. Not only local police but also higher level of authorities and bar council are entertaining and supporting him. Infect after the complain IC of police ordered to close the victim's father the ASI with warnning him to suspend and dose not allow him to file a case or petition against the accuse. The victim has the all supporting evidences, but no one wants to investigate it atleast for once. They also stop the victim to file any complain. Please, advice, what should do in this helpless situation, where higher authorities of state are involved.?
Rajendra K Goyal
(Expert) 16 April 2017
lodge complaint with bar council if any professional misconduct is there.
Bar Council would not protect him for his conduct against ethics / professional misconduct.
