Misuse of Section 509
Hello everyone, my father is aged close to 64 years and is in a bitter battle with his brother over Probate of their father's will which matter is in the High Court. He has never been involved in any Criminal case till date.
Both brothers have offices in same basement. To harass my father, his brother sent his employees to my father's office, including a female employee, to fight with my father and after a verbal altercation called the Police and has now got a case registered against my father under section 509 - Outraging the modesty of a woman - on the grounds that he allegedly used the words "Stupid woman" and "Bitch".
The entire episode is on CCTV Camera and my father is sitting on his chair behind his table while the entire staff of his brother including the woman is standing across him and shouting at him. Unfortunately there is no audio !
The FIR was filed and now my father has received summons from court.
We have also filed a complaint with the Police accusing them of criminal trespassing, intimidation, threat to life and theft (one key of our safe was stolen in the commotion) but no action has been taken by police as they state these crimes are non-cognizable.
How should we deal with this situation ?
