False charge
SamalKumar
(Querist) 06 August 2012
This query is : Resolved
Sir,
This person was travelling along with wife and children aged 10 and 8 on a sunday evening in 2007. Near airport road car was parked and children went out for playing. Wife was in the back seat and husband was in the driving seat. At this time SI came in a jeep along with driver and tapped on the window glass with lathi to open it. He put his head inside and seeing the two started abusing thinking that some immoral activity was going on. Person told that it is his wife and two children are playing near by. SI was in no mood to listen to this and asked to take the vehicle to police station. As he was shouting lot of abusive words as if she was a prostitute, she told she will complain to womens commission. This made him more angery and shouted that he will teach a lesson. Hearing the sound and commotion children came back and car was taken to police station along with all.
It was around 6.30pm and in station also he was shouting and after that gave some instrution to station writer to charge case and left the station.
Person started calling friends and two of them reached by around 8 pm. But SI didnot return and was not picking mobile phone. He had left station without taking jeep. Friends contacted CI and ACP and they reached station around 10pm. After half an hour SI also came and all were released at around 11pm.
Now after 5 years summons received stating charges u/s 294(b) and 506(II). Calendar case no is of 2009 and summons could not be served due to incomplete address.
This was an incident of clear police atrocity and misuse of power. Can you please inform on various remedies available. Person is working in a respectable organisation and does not have any police case or issues in the past. For taking vengeance on wife he has now charged the husband. Case is posted on 13th Aug. Is he required to take bail.
Guest
(Expert) 08 August 2012
Bail will be required if you decide to face trial. This is out and out a clear case of abuse of official position by illiterate and culturally obsessed policemen who do not hesitate to convert law into a vehicle of oppression by misusing some archaic provisions in the penal law of the country. Move HC for quashing. This one should be quashed. Also file a case against the policeman for malicious prosecution.
V R SHROFF
(Expert) 09 August 2012
Well Advised. Should not spare such Policeman, who misuse their poweer and authority , and harass peaceful citizen unnecessarily, Teach him a lesson.
SamalKumar
(Querist) 16 August 2012
Thank you sir.
Can you pls inform modalities for quashing.Now this person has taken bail on 13th.
Guest
(Expert) 16 August 2012
Simply engage a lawyer and ask him to frame a quash petition for you.
