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Legal remedy against FIR filed falsely
26-Jan-2023 (In Criminal Law)
Dear Sir, I received a notice 41a yesterday. It says that an FIR has been registered against me under section 354a and 509 on 03.07.2017. I called the investigation officer, a lady sub inspector, in concern. She told me that I had harassed and made serious insult to a lady. I was asked to come to the police station in 7 days or stern actions will be taken against me. Currently I have been staying in Bangalore from Dec 2013 where I work in IT. Notice came from Garfa Police Station, Kolkata. Last time I visited Kolkata was on Feb-March 2015 for passport application. Apart from this, I stayed in Siliguri, West Bengal for 4 years while my graduation. I can't believe I have fir against me without doing anything and without knowing anyone as such ladies from Kolkata. Now my family is tensed now. What shall I do? What would be the next step? How much will this impact my career aspirations? Please guide me. Kind Regards.
First of all visit the police station and comply notice u/s 41A so that you can get bail without any trouble from court. thereafter get the fir quashed from Calcutta high court if it is no way realted to you.....
for further help you can contact us..
for further help you can contact us..
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Adv. Santosh Kumar Prasad
Siliguri | 25+ Answers
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Section 354A of the IPC. Sexual harrassment and punishment for sexual harrassment.--
(1) A man commiting any of the following acts-
(i) physical contact and advances involving unwelcome and explicit sexual overtures.
(ii) a demand or request for sexual favours; or
(iii) showing pronography against the will of woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harrassment.
(2) Any man who commits the offence specified in the clause (i) or clause(ii) or clause(iii) of sub-section(1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man whooo commits the offence specified in the clause (iv) of sub-section(1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or both.
And without detail discussion proper consult is not possible.
(1) A man commiting any of the following acts-
(i) physical contact and advances involving unwelcome and explicit sexual overtures.
(ii) a demand or request for sexual favours; or
(iii) showing pronography against the will of woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harrassment.
(2) Any man who commits the offence specified in the clause (i) or clause(ii) or clause(iii) of sub-section(1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man whooo commits the offence specified in the clause (iv) of sub-section(1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or both.
And without detail discussion proper consult is not possible.
Helpful?
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Do not worry nothing will happen just visit the concern I.O. of Garfa Police Station within 7days of the 41A notice in order to comply with it and then visit the Court where the F.I.R is lodged and surrender yourself you will be granted bail upon furnishing surety.
Thanks.
Thanks.
Helpful?
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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First of all the sections are all bailable, u can easily get bail if u surrender before the LD. Trial Court beside this u can meet with the investigating officer and as u received notice U/S 41(A) of Cr.P.C so Police shall not arrest u and told real fact if police thinks fit the police can file FRT and court will discharge u at once, otherwise u face trial there is no problem and at the time of trial u show the court any documentary evidence to show that u say before.there is no reason to worry ok.
Helpful?
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Adv. Aninda Biswas
Islampur | 25+ Answers
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