What would I do if a FIR has been lodged against me under ipc section 354, 343 ?

[Dinesh Pathak]

Dear Sir,

Before asking for advise, I would like to describe correct whole scenario of my FIR. There is a property dispute going between me and my neighbor. My mom and dad lives at my native place where this dispute is going on. One day my neighbor and dad had some verbal spat and they both were booked under 151. Next day my brother (who studies in Allahabad) visited my native and tried to talk to my neighbors about this whole incident but neighbors flew away as they thought my brother could beat them up. Being situational my brother locked that property out and waited for neighbors to come around(Intention was to have a chat with them and then open that property). But they didn’t arrived that day but then this incident happened. Neighbor’s wife somehow(using stairs) managed to jump inside property in the night and called police in morning. Police arrived in morning and ask us to open the door to get that lady out but my dad refused to do that and he said to police that lady jumped into property using stair and should be evacuated using the same. Police did the same and evacuated that lady using stairs.(My brother recorded this whole incident in a video which included police conversation and the way lady was evacuated). Since we didn’t co operated with police(as they say now), they filed a FIR against my Dad (64 years old), my Mom (62 Years old) and my brother (25 years old and is physically handicapped) against section 354, 343, 452 and 506. Police sent FIR to court to record their statements and now file has come to police for investigation. Now I am in touch with police but police doesn’t seems to listing to my views and helping us.

Note: I also have a video recording which has neighbor’s family conversation where in a video that lady is saying that she jumped into the building in night.

I am little confused what to do now ? Please advise sir.

Few of lawyers are suggesting to go to high court for quashing of FIR but then we lack on a point where we locked that property out, what if we are penalized against this issue ?

Also when we inquire about copy of FIR which reads this lady was pulled out from property by other neighbors but in fact police pulled her out which we have video recorded.

Can I approach court where her statement were recorded to put on out views ?

Can IPC sections be increased after recording her statement in court ?

Please advise sir !

[Dr. Ashok Dhamija]

The High Court will quash the FIR only if it is found that no offence is made out on the basis of what is mentioned in the FIR itself even if it is read at its face value. Otherwise, usually, the police is allowed to investigate the offence and come to a conclusion on the basis of the evidence collected during investigation.

Since the investigation is going on, you can give your statement to the police, along with whatever evidence you have got in your favour. If the investigating officer does not record your statement / evidence, you may approach the senior police officers. Generally, the court will not intervene when the investigation is going on. But, if the police is completely reluctant to record your statement and take your evidence on record, then you may approach the courts for whatever relief you can get from there.

The sections of law (such as of IPC) as mentioned in the FIR are only the starting point. After investigation, these sections can be changed and charge sheet can be filed under different sections depending on the result of the investigation.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dinesh Pathak]

Thank you sir for your valuable thoughts. This is very helpful.

Can opposition party(one who has lodged FIR against me) question a charge sheet filed by Police if Police submits charge sheet in our favor (with proofs) ?

Thank you

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