section 353
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
hellow sir ,
i am shafirkhan staying in kerala .i got bail from 353 ipc .
my case is i ride my byk on a one way actually within 6 month only that way changed as one way .i was not in my home town when the changes happends . one home guard came with a man and the man asking my byk key ..i said i cant give my byk key and who are you.he said i am a police officer after that he had taken my myk with a goods aouto to the police station .
befor that incident he tried to attack me .i said u cant touch my body
he got a prestige issue on that..so he charged FIR as section 353
sir ,
my problem is i whant to go abroad for a job purpuse ..if there any problem for going abroad???
kindly reply me sir
im just begin my married life sir
im phsycologically changed
also im thinking about suicide
kindly give me a solution sir
your sincerely
shafirkhan
KANDE VENKATESH GUPTA
(Expert) 07 February 2011
Mr Shafir, you need not worry and the problem being faced by you is very common problem being faced by any Indian citizen. Whether you are correct or the home guard is correct is only matter of evidence before the court. If you have to leave the country immediately, you can approach the concerned Station House Officer and explain the circumstances to him and get the F.I.R. closed as to mistake of fact.
Arvind Singh Chauhan
(Expert) 07 February 2011
Don't get depressed You may go with permission of court. You have solid grounds to be acquitted if the story which you are narrating is true. 353 applies only when a public servant is performing his official duty. Such act of home guard was not official.
Guest
(Expert) 07 February 2011
If you want to face trial, you can't go abroad, since your presence is required in the case. But you may finish your case by paying a fine imposed by the Court and then leave for abroad. You may better check your job rules before paying fine.
Out of Court
(Expert) 07 February 2011
advice by Mr. Gurunarayan rao is reiterable! .
Ajay Bansal
(Expert) 08 February 2011
Agreed with Arvind.
WHATSAPP 91-8075113965
(Expert) 13 February 2011
my doubt is that officials have been given full freedom to falsily implicate anybody as accused, in any criminal case.
all our experts will agree to this point.
then , it becomes the victim 's duty to prove that actually he was not involved in offence, by fighting in courts , for years.
at last, some times , he may be acquitted.
But, if the officer gives strong evidences in court also, he will get convicted.
even if the accused is convicted or acquitted, no action can be taken against the the officer,even if the arrest was vexatious.
because he can take the defence that the arrest was bonafide and in discharge of his official duty.
is this law should be changed ?
should each police officer be made answerable to all false cases , he charges ?
