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SUBRAMANIAM SAI NARAYANA (company secretary)     19 July 2011

case under section 353

In the FIR in section 353 case, it has been mentioned that the accomplice just was standing only the prime offender had to resist a constable while he came to beat the prime offender. still accomplice is also responsible in this case. Actually Iw ould like to narrate the case:

the prime offender had an argument with some one on the road. accomplice was with him. they did not do anything . suddently police constable came to hit the prime offender and dragged him to policce station and accomplice also went with them. the mistake made by prime offender is that falsely he blamed that the constable has robbed 1000 from him which he reported to the inspector. Inspector arranged for check and found constable had no such money and in a fit of anger he charged both p.o. and accomplice with section 353 and 34. in fact they did nothing but just to take revenge they were implicated. FIR  filed this happended in the year 1992. no developmetns in between. suddently warrant came to the prime offender. What would be fate of the case. How to escape from this implications. whether case can be dismissed if no one appears from police side ?? please advice. or can  in353 section case if only fines are imposed looking at not that seriousness of the case. thanks



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 1 Replies

Samir Jha (Advocate)     19 July 2011

Dear Mr. Naryana,

There is no need to panic espcically under the facts stated by you.

As per your stated facts, the FIR was lodged in the year 1992.

The maximum punishment provided under section 353 is two years. Now considering this proposition, it is important for you to find out, when the chargesheet was filed.

Also the courts are required  to take cognizance within three years for  an office punishable with imprisonment for a term exceeding one year but not exceeding three years. On this ground alone, IF in your case,  the chargesheet is filed after three years from the date of offence, there is a strong probability of discharge/accquittal.

If the case is at the stage of framing charges, then move an application for discharge citing the limitation and in case the Magistrate dismiss the same, you challange it in revision to a higher court. 


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