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manoj pawar   13 November 2018

IPC 323, 448, 504, 506

I am working in one of nationalised bank as Manager. i parked my car in front bunglow compound , there was no one in bunglow since more than 1 months but suddenly owner came and file IPC 323, 448, 504, 506. I was arrested for one night. now i m on bail. i didn't get date till now. I confused that In future this sections will effect my job?? and Court will send me jail ?


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 4 Replies

G.L.N. Prasad (Retired employee.)     13 November 2018

You are a manager of a bank, not property grabber or criminal.  You, have circle of  good friends and clients.  Take up the case with them, take initiative to contact the real owner, offer apologies and let the matter be closed.  Do not think too much on simple matter.  

Tmp. S. Mathi Vanan   13 November 2018

very good ADR.

P. Venu (Advocate)     13 November 2018

The facts posted are less than convincing. The following are the offences alleged.

323. Punishment for voluntarily causing hurt

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 

448. Punishment for house-trespass

Whoever commits house-trespass shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine or which may extend to one thousand rupees, or with both.

 

504. Intentional insult with intent to provoke breach of the peace

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other. offence, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

 

506. Punishment for criminal intimidation

Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 152[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or With fine, or with both.

 
 
 

Dr J C Vashista (Advocate)     14 November 2018

I agree with the expert opinion and advise of Mr. P. Venu, prima facie the facts are hypotheticial, academic and unbelievable.

You have already engaged an able, competent and intelligent lawyer to contest your case(s) did you consult him/ her before posting this question paper ?


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