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Last Updated On 10-Sep-2024

Criminal

Complain Registered U S IPC 323 325 342 354 504

1) We were living in a Rented house(one portion) three of Elders brothers were also living in their portions in that house. 2) Our landlord trying Illegal Eviction. 3) In August,2022 my daugher(an advocate) normally came from her office till 9pm. 4) On that day she she was on the way but the 2 Elder brothers, 1 sister inlaw and 1 nephew of my land lord locked the main entry gate. I requested them please do not lock the gate my daugher will come within 15 to 20minutes but they refused. 5) In the mean time my daugher came she started video recording by her mobile. 6) They misbehaved my daughter and his sister in law tried to snatching the mobile phone his nephew touch the chest of my daugher. 7) Landlord brothers and nephew broke my hand. 8) After 15minutes we Dial 100. 9) Police came but the brothers and sister inlaw did not open the Gate for Police. 10) We were also bound not to go to the hospital nor to Police Station. 11) Next day we went to the hospital for medical and also file the Report to Thana with the Medical. 12) Police Registered FIR. 13) After Register FIR police started investigation but last year police filed FR in the court. 14) I discussed to an Advocated in Dehradun itself, he advice to file a protest pettion. 15) Six month back our Advocated filed Protest pettition and the CJM registered a Complaint Case IPC U/s 323,325,342,354 and 504. 16) After our statements and hearing Court summon them U/s IPC 323,342,354, and 504. My Question is:- 1) Should I apeal in District court for section IPC 325. 2) Expected decesion of this suit.

( Dehradun, Uttarakhand )

09-Sep-2024

Reply

Dear client,
In this context, Point no.15 of your query may be referred and reproduced herein for the sake of bravity and clarity " 15) Six month back our Advocated filed Protest pettition and the CJM registered a Complaint Case IPC U/s 323,325,342,354 and 504." Thus, from the sentence of your query, it transpires that the complaint under Section 325 of IPC has already been registered at the CJM Court and after hearing the Court passed an order to issue summons to the accused under Sections 323,342,354, and 504 of IPC leaving Section 325 of IPC(may be overlooked by default) that deals with the punishment of an offence caused under Section 323 of IPC. In that case, you can file an Interlocutory Application(IA) praying for the inclusion of section 325 of IPC in the summons that was left inadvertently despite the registration of the complaint mentioning that section of IPC. In case, the trial court rejects your IA, you can move to the District Court or the Session Court to file an appeal against the order of the trial court. As regards your query about the expected decision from the court, nothing can be opined upfront as it is unpredictable.

Posted On 10-Sep-2024

S. K. Dutta

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Helpful

Dear Client,
Considering the above situation the legal process is still on and the court has filed a complaint case under Sections 323, 342, 354, and 504 of IPC. Since Section 325 IPC which covers the offense of causing grievous hurt was not included in the charges by the court, and if you think it should be, you can consider appealing to the District Court for including this charge. This would entail coming up with some documentation including medical reports and testimonials to establish that the injuries suffered including a broken hand fall within the definition of grievous hurt under Section 325.
Regarding the expected decision it is nearly impossible to determine beforehand as it relies on several factors such as the admissibility of the evidence the witness statements and the arguments that will be adduced on behalf of the defense. However, if your evidence is strong, the court may convict the accused under the sections charged and if your appeal for including Section 325 is successful, then the penalty for the accused could become even more severe. Also, you need to cooperate with your advocate to make sure that all the necessary evidence to back your cases are well presented.

Posted On 10-Sep-2024

Vidhikarya

Helpful

Dear Client,

Hope this reply answers your query. As the above offences are registered on you, firstly, investigation starts, charge sheet will be filed and accordingly you will be taken to magistrate. the magistrate on analysing the statements relavant to the case, will take decision if you should be sent to judicial custody. You must gather all the evidence to prove your end that you are not responsible or be liable in the said offences.
As of the expected decision, the judge shall peruse the evidence put forth accordingly and shall decide on the contentions put forth.

Posted On 09-Sep-2024

Vidhikarya

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