Pocso case guidance required (during ongoing Custody battle)

901 votes

Based on the facts stated, the immediate priority is to seek anticipatory bail before the Sessions Court/Special POCSO Court, placing on record all material showing your cooperation and the background of the custody/visitation dispute. Annex the visitation orders, court observations directing the mother to facilitate access, CCTV footage (when available), medical reports, call records/messages, and any other evidence showing that the allegations arose in the context of an ongoing custody dispute. If the medical examination does not support the allegations and independent evidence such as CCTV footage contradicts the complaint, these factors will significantly strengthen the bail application. The accused should fully cooperate with the investigation and avoid any direct confrontation with the complainant. As regards quashing, High Courts generally do not quash a POCSO FIR at the initial stage merely on the ground that the allegations are false. A petition under Section 482 CrPC/BNSS is usually considered after examining the FIR, investigation material, and surrounding circumstances. Therefore, securing anticipatory bail and placing all exculpatory evidence before the Investigating Officer should be the first step. Please consult a local criminal lawyer immediately with the FIR, visitation orders, medical reports, and all available evidence for a case-specific strategy. Every case depends on its exact facts and documents.

Advocate Atanu Patra LawRato

748 votes

Whether to go for quashing or not depends on the facts and circumstances of the case. If at all we see that there are no evidences and you are falsely impicated or the evidences are fabricated, that will be a perfect and a fit case for quashing as per Bhajan Lal judgment

Advocate Shubham Agarwal LawRato

683 votes

Here is the immediate legal strategy you should follow: 1. File for Anticipatory Bail Immediately: You must urgently file an application for Anticipatory Bail before the Sessions Court or the High Court. Your application should heavily emphasize the ongoing matrimonial dispute, the clear medical reports, and most importantly, the prior court orders that warned the mother about facilitating visitation. This establishes a clear motive for false implication. 2. Urgent Preservation of Evidence: Do not wait for the police to retrieve the CCTV footage. Immediately file an application before the concerned court or the investigating officer to preserve and requisition the CCTV footage of the visitation location. Footage is often overwritten within a few days, and this electronic evidence will be your strongest alibi. 3. Petition to Quash the FIR: Once you have secured protection from arrest (Anticipatory Bail) and the exculpatory evidence (CCTV footage) is secured, you can approach the High Court under Section 482 of the CrPC (or Section 528 of the BNSS) to quash the criminal proceedings. You can rely on Supreme Court precedents that mandate the quashing of FIRs where criminal proceedings are maliciously instituted with an ulterior motive, such as settling scores in a custody battle. I am practicing in Calcutta High Court and can help in both anticipatory bail and quashing of the FIR. Feel free to contact me for better remedy

Advocate Subarna Bank LawRato