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Offence under section 353,504 (Abused Traffic Police )


27-Nov-2023 (In Criminal Law)
Its very unfortunate that one of my female friend got arrested on 22.11.22, missed to take anticipatory bail as not aware of that matter will go in court.We apologised to concern officer but they file FIR against my friend .I appointed lawyer for bail in lower court but got rejected, again file for bail in session court and very next day got date for hearing but honourable judge was busy in other matter so given date for 29.11.22 due to weekends.I am very disappointed and sad as for female has no criminal history ,unmarried and have a great career ahead.On duty traffic police also misbehaved so she got offended and abused him.This is very common thing amongst traffic police and riders .my friends made mistake but she had not committed any heinous crime so she suffered such like that. my friend will be in judicial custody till 29.11.22.I would be obliged if you kindly guide me in this case.What should i do if she can't get bail on 29.11.22.Please help me and guide me nThanking You
Answers (5)

Answer #1
686 votes
Well, if she won't get the Bail, you can file an Appeal to seek the Bail before the Appellate Court. I have to scrutinize the FIR to see what kind of sections have been imposed against her - Whether Bailable or Non Bailable, then will guide you what needs to be done.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Mumbai | 1000+ Answers
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Answer #2
894 votes
You have not quoted the section imposed on your friend. if bail is rejected in sessions Court then you have to approach the High Court. You may also file fresh bail application in same Court on completion of investigation.
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Advocate Shirish Shivram Pawar

Adv. Shirish Shivram Pawar

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Answer #3
688 votes
Face the trial and what, take good crosd examination of the complainant and the witness it must come on record that public servant is deterred from his duty, thid is the necessary ingredients ofvthe cross
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Advocate Mohammad Sharef

Adv. Mohammad Sharef

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Answer #4
734 votes
firstly, a quashing petition cannot be filed for assault and abuse on a public servant. there are numerous judgments on the point that cases involving allegations of assaulting a public servant cannot be quashed and the only remedy available is to undergo a full fledge trial or filing a discharge application.
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Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

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Answer #5
933 votes
Hello sir, you have to then either get order from the high court to this effect or you have to withdraw and file discharge application in magistrate court in trial. But I am unable to understand why the HC is not entertaining your petition for quashing if there is no valid case against you but still you can opt for discharge before lower court
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Advocate Harshad Garud

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