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Aakash K (Self)     19 March 2014

Staking and robbery case - need 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 2 charges on both of them. 394 and 354 D.

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.

 

Question:

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.



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     19 March 2014

No need to worry,  after taking both of your statements only FIR is registered and now both the accused will be arrested and put in jail.  It is their head ache.  Why do you worry. As it is non bailable offence, it may take some time to get bail.  The Magistrate will not give bail in first instance. The magistrate may grant bail in the second or third bail application. 

 

It will take some time, may be six months to one year to call you to court for your evidence.  

 

Regarding counter complaint, you need not worry.  Police knows every thing, who are good people and who are bad people.  Daily Police people come across number of these type of cases.  Even if the culprits insist to register FIR against you, the police makes thorough enquiry and they deny to file FIR against you. 

Biswanath Roy (Advocate)     20 March 2014

Good opinion by Learned Mr. Ravinder P. i  agree with him.

T. Kalaiselvan, Advocate (Advocate)     20 March 2014

I endorse the view of learned Mr. Ravinder in this regard.


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