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rsharma (please)     01 January 2015

Need clarification

Respected Members, 

A person on our street was behaving very bad for 4-5 months. He used to remove his pants and used to do weird acts making it difficult for women and children to walk on the street. 3 days back the people on the street ( our neighbors including me) caught hold of him and handed hm over to the police. We filed a complaint against him as he was very arrogant and was not ready to apologize. A day after this incident, I got a message saying FIR has been registered. The police called me ( as I was the main complainant and few neighbors to sign on some "Mohajar" or something and said he would be charge sheeted. He is booked under 294 sec.

1) Would I have any problems since the FIR is filed? I believe we cannot withdraw the FIR. 

2) Is it ok to sign on " Mohajar"? Will it have any legal complications?

3) Would I need to keep attending the court when the proceedings begin or do I have to just visit the court once to identify him as a witness?

I would be grateful if you could please clarify the points above. 

 

regards

rsharma

 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 January 2015

1) Would I have any problems since the FIR is filed? I believe we cannot withdraw the FIR. 

Since you have lodged the complaint, FIR has been registered on that basis, so what is the problem with that?

 

2) Is it ok to sign on " Mohajar"? Will it have any legal complications?

There is no problem to sign as Mahazar witness

 

3) Would I need to keep attending the court when the proceedings begin or do I have to just visit the court once to identify him as a witness?

You need not attend the court on each and every hearing, you can attend the court only when summoned to depose your evidence as witness.

rsharma (please)     04 January 2015

Thank you for the answers. I am not always in town as I keep traveling. What if I cannot attend the court when the court summons? Will it result in any complication? Can a lawyer represent me on my behalf? Regards

adv.raghavan (Advocate,9444674980)     05 January 2015

As briefed by Adv.Kalai sir, you have to attend the court  in case you are in town and, in case if you cannot make you can be represented by your advocate, failure to adhere to both these things will lead to dismissal of complaint.


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