Fake allegations u/s 354 , 354a , 354d & 506

1. How much time IO will take to file chargesheet?

usually 90 days.

2. Is there any time limit for filing chargesheet after submmission of Challan with the court?

AfAIK No rule that they have to file it in specific time.
3. What do you think , what is the outcome of this case?

 You have not even mentioned what cases were filed against you.

Thanks for suggestions... Follwings charges files against me : 1. 354 2. 354A 3. 354D 4. 506 Plz suggest again accordingly... Regards Ravish

S.354 outrage modesty against a women 

354A. (1) A man committing any of the following acts—

(i) physical contact and advances involving unwelcome and explicit s*xual overtures; or 

(ii) a demand or request for s*xual favours; or

(iii) showing p*rnography against the will of a woman; or

(iv) making s*xually coloured remarks, shall be guilty of the offence of s*xual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

354D. (1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or Assault or use of criminal force to woman with intent to disrobe. Voyeurism. Stalking. Insertion of new sections 354A, 354B, 354C and 354D. Sexual harassment and punishment for s*xual harassment. Amendment of section 354.

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication; or

(iii) watches or spies on a woman in any manner, that results in a fear of violence or serious alarm or distress in the mind of such woman, or interferes with the mental peace of the woman, commits the offence of stalking: 

Provided that such conduct shall not amount to stalking if the man who pursued it proves that— (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished with imprisonment of either descripttion for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.’.

S-506 criminal intimidation

354 - Assault or criminal force to woman with intent to outrage her modesty, 354A - Sexual Harassment and punishment for s*xual harassment, 354B - Assault or use of Criminal force to woman with intent to disrobe, 354C - Voyeurism, 354D - Stalking

a very good case 

to prove that the documents created by her and her brother if you have any evidence or say you have to gather such proof which will help you in this case and you can say that with criminal intention to defame you and take money they created fake documents 

I got one RTI from govt office which clearly states that there is no record found in govt office regarding that Govt official document created and used by her to get some other legal govt document. Thru RTI , official clear said that the DOCUMENT made by her is totally FAKE.

In my case , IO is not cooperating with us. He is not filing chargesheet.

 

Everytime he said that he got some challan from court and very soon he file that chargesheet.

 

IO didn't gt any evidence against me .

 

Earlier , IO supported that girl and took her favor in early stage but now that girl is missing . She & her whole family changed address and contact numbers.

 

Now he is saying that he didn't find any evidence against me but he has to write or file some charges , so he will write or file the same charges written in FIR , but he doesn't hv proofs for that.

 

Now plz advise me for the same.

 

1. What he will do in chargesheet ????

2. How much time he will take to file the chargesheet ???

3. What is the outcome of the case...Is girl get success in putting fake allegations against me  ???

 

 

Regards

Ravish

The IO cannot  file a charge sheet without investigating the matter and obtains a report/statement from her u/s 161 cr.p.c.   Since she is reported to have disappeared/absconding, the IO may find tough time to file the charge sheet.    If you feel that there is an inordinate delay in filing charge sheet, you may move an application before the Dy.Suptd. of Police seeking his intervention or move an application before the court of the magistrate to direct the concerned police to expedite charge sheet or to refer the case.  Alternately, on the basis of strong evidences in your support, you may file a quash petition before the high court to quash FIR, discuss with your lawyer and proceed as per his further advise.

Hi ravish Please file the RTI against the IO for providing an update on the same case and time for submitting the CS. Cc all the senior officer for RTI to make pressure on IO.

Thanks for all kind advices. Please let me know One more thing. As per discussion with IO , he will file the chargesheet in next 7 days. He didn't find any evidence against me. He said that he will write all the same charges as mentioned in FIR but he didn't have any evidence for that support . Now how to further proceed for this . Plz advice.

@Ravish: Depends on presiding judge when false report is filed by IO, judge has a say whether he should go ahead with the trial or drop the charges. 

Guess if he dont have evidence, he might not file a false report but only that no evidence found. Then one might have to face trial and she has to prove her false allegations. If she cant, then charges will be dropped. Quash might not be easy, since IO is not mentioning that charges are false, but he did not get evidence. Judge if you apply for quash, might ask you to go through trial. 

But as other honorable experts suggested, please discuss it with advocate and he might be able to guide you well on this. All the best. 

Thanks for kind suggestion. But need to clarify One thing. IO is not cooperating with us as he scared that earlier he supported that girl but right now he didn't find any evidence against me. Now that girl is also absconding. He is unnecessarily delaying in filing Chargesheet. Is there any legal way to make him liable for filing chargesheet. We dnt want to involve our Counsel in this. Can we take help of Honourable Court for this.

1. How much time IO will take to file chargesheet?

There is no specific time limit for filing chargesheet, it is purely discretion of IO.

2. Is there any time limit for filing chargesheet after submmission of Challan with the court?

As above
3. What do you think , what is the outcome of this case?

 

Out come is a matter of facts and circumstances, contact a lawyer will be better option.

if there is no evidence against you then you may discharge at the time of framing the charge argue the matter before the court against charge.

@Nadeem - Thanks Qureshi ji . I saw your suggestions on other matters and I am impressed and become your fan also. Please advice me how can I proceed in my case as on below points: 1. IO is not cooperating with us. 2. IO is not filing chargesheet. 3. The Complainant girl is absconding from last 4 months. 4. She also involved in making and issuing Govt documents with the support of false information and fake papers. 5. I applied for Govt jobs & Bank jobs , don't want any interruption in my Career due to this. 6. Can I or my any family member file Case against her for defamation or for this forgery of documents. Plz suggest. Thnks .