Section 509 and investigation report
Matta
(Querist) 16 May 2017
This query is : Resolved
I seek expert’s advise on the issue:-
1.Police registered a case u/s 509 IPC against my younger cousin. He sent a SMS to a girl’s father mentioning that ‘your daughter(with name) is characterless’. Complainant to FIR is Father. Can, in this case, father lodge FIR? Girl is not in contact from last 6 months.
2.Police is not submitting Investigation Report and also not giving Bail. How can police be forced to present it in court?
As of fact, there is political pressure as well as money involved in it. Therefore, police has detained him in custody for a day and made false complaint u/s 151 cr.p.c before district magistrate but bail is not given in FIR. It seems they have planned for harrassment.
Please suggest for remedies.
Guest
(Expert) 16 May 2017
If the Bail is Rejected in Lower Court you should Apply in sessions Court and then High Court where your Bail application would be certainly condidered.Seek the Help of Local Good Senior Criminal Side Advocates
Adv. Yogen Kakade
(Expert) 16 May 2017
The police has no authority to grant or reject the bail..
Either you do not know the facts of the case or you might be hiding few things, because offence under sec.509 is a bailable offence. And even in such case if you are not getting the bail then think about changing your lawyer.
What are the grounds mentioned while rejection of the bail?
The documents related to the property need to be seen.
Few things should be clarified such as:
Whether the plan of the building is sanctioned?
What is the FSI used?
As you have mentioned you are willing to sell the residential part, does that mean you also have commercial portion of the construction?
Who has the title of the property currently?
Adv. Yogen Kakade
Phone: 020-65248888 / 09225510883
email: juryconincorporation@gmail.com
Web: www.juryconn.in
Rajendra K Goyal
(Expert) 16 May 2017
Contact local senior lawyer and proceed to get bail.
Guest
(Expert) 16 May 2017
Agree with Experts
Dr J C Vashista
(Expert) 16 May 2017
I agree with expert advise of Mr. Yogen Kakade, offence u/s 509 IPC (insulting modesty of woman) is bailable and police shall not detain/arrest the accused.
No FIR can be lodged u/s 509 IPC on the complaint of father, wherein the complainant has to be woman.
Even if, under some political or other pressure/ extraneous consideration, police arrested the accused and produced before Magistrate, the accused shall be released (may not be sent to judicial custody).
Prima facie it is a hypothetical, fabricated and imaginary story.
However, if the facts stated in the question/query are true your cousin (accused) will have to consult and engage a local lawyer.
Matta
(Querist) 16 May 2017
Thanks for Advise, Experts!
@Rajkumar sir and @Yogen Sir, I would like to clarify that police did not arrest my cousin for FIR that is registered u/s 509 IPC instead they arrested under section 151 cr.p.c. and to support this illegal arrest they made additional complaint (in MP it is known as 'Istigasa') to Collector i.e., DM alleging that he was creating nuisance outside police station over police to take cancel his report. My Stupid cousin had went on his own will to police station to take bail reading it that section 509 is bailable and bail is matter of right.
I wanna ask the remedy available for,
1) SHO is not giving bail from police station for FIR u/s 509 IPC nor does he is investigating. How to compel police to either give bail or present Investigation report?
2)
Would petition for Quashment u/s 482 before HC maintainable knowing additional fact that, in the FIR, no allegations as to section 509 IPC mentioned in FIR? The allegations are sending threatening and sexually explicit messages to father. Police did not have those messages therefore they designed 509 for the message mentioned in intial query post.
Hope to get helping advise from experts...
Guest
(Expert) 17 May 2017
Better Consult and Appoint a Local Good Senior Advocate with all details who would Sort it out
Matta
(Querist) 18 May 2017
Obliged @Rajkumar ji
But, isn’t there any way to escape from this kind of harassment?
Guest
(Expert) 18 May 2017
Consult A Local Good Senior Advocate
Matta
(Querist) 18 May 2017
I am thankful for all your advises!
Guest
(Expert) 19 May 2017
Welcome Please
