Aakash K (Self) 19 March 2014

Ipc act 394 and 354 d - need urgent help

Case:

Lately my wife and I got stuck in stalking and robbery. Two Auto-rickshaw guys who were drunk were following us among them one (sitting at the back) was handicapped (lame, and carries a stick (bamboo) to walk). They were stalking us and passing vulgar comments to my wife. We were on a 2 wheeler.

We stopped by after sometime and then those 2 guys came to us and started beating me (by stick) and abusing my wife and me while they were drunk. After few minutes of fighting, one of them who was driving the auto ran away with our scooter’s keys and my wallet (which has 4000 Rs and 2 cards). The other guy who was handicapped was still there and during the fight he lost his balance as his stick got dropped and he fell down on stones. He got injury on his forehead and started bleeding. When crowd came around us he starting asking money from us and said I threw the stone on him and made him bleed. Finally we called the police and both of us and that handicapped guy went to Police station.

Meanwhile, Police also caught the auto-rickshaw guy who ran away with our keys and wallet. We got the keys back from him but wallet is still missing.

Police logged the FIR and put only 2 IPC Acts on both of them. IPC Act 394 and 354 D. (only)

I have also done a medical test and given medical report to the police. Medical report has all the marks on my back (stick marks) and neck (nails). Also a minor fracture on ribs. Finally Police has given us a copy of FIR.

Questions:

We want to know, what will happen next? Can that guy do a cross FIR on me as he was allegedly saying I threw stone on his forehead and he got injured. What do you recommend we should do? I am in service and do not want to pursue this case further. Its been 2-3 days and we didn’t get any call form police or court. (may be because of Holi leave). Police told me yesterday that they both are still in Jail / police custody.

Please advise.

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3 Replies

Kapil Gupta (Advocate) 19 March 2014

Dear Aakash, the police will file the chargesheet against the accused persons and the statements u/s 164 CRPC will be recorded. You will have to be present there and it'll be very friendly in the court. Since this id a criminal case, it is not compoundable. Don't worry and be present in the court of law.

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Kapil Gupta (Advocate) 19 March 2014

T. Kalaiselvan, Advocate (Advocate) 20 March 2014

As you said that the handicapped person fell down, was hit on falling down and had bleeding injuries due to that but he narrated a different story on seeing the gathered crowd, blaming you to have hurt him, but the police without taking his words in belief or faith, nabbed the other element too and now both have been remanded to jail, thus, their robbery and assault have been recorded by the police in the complaint lodged by you, under such circumstance they will not be able to lodge any complaint against you because they know that the police will not listen to their false complaint, so you can feel relieved about this. It will take another year's time to come to court, by then, if you are not available, the police will not bother to call you as witness to the court.