Complaint filed for verbal abuses among 2 people. How to save myself?
My ex employer has lodged a complaint against me regarding verbal abuse over phone. As it was from both sides, do I have to go to the Police Station as Police called me up. How do I prove myself innocent?
Offences like simple hurt, verbal abuse, intimidation, defamation, etc. are non cognizable offence. In such cases where only non cognizable offence is made out, Police does not have the power to arrest or investigate without the orders of the court. Police officer will enter the substance of information in Roznamcha of the police station and give copy of same to the complainant. Another copy of complaint is sent to judicial magistrate for further action. So the Complainant has to approach the Competent Court and it is only after the Court has issued directions to the Police to investigate that the Police can approach you.
For your ex-employer to make a case only on his words, he needs to prove that you had verbally abused him. And if he has the call record, then as you said it was from both the sides, which implies that he hasn't approached the Court with clean hands and no relief shall be granted to him.
We would also need to know as to who was the one to initiate the call? Did you call your ex employer or did they call you? The most likely case that he would have filed against you would be of Criminal Intimidation under Section 506 IPC. We also suggest in case the Police calls you again to the Police Station, you also file a complaint with the Police against your ex employer for threatening you.
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