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What to do if someone filed false case under section 353 & 504


22-Sep-2023 (In Criminal Law)
A friend had a "discussion" with a traffic policeman who was towing away motorcycles instead of bigger vehicles (cars/trucks). He had no stake in it since he was on foot but the traffic policeman got upset with his questioning, specially when he started recording the conversation (after informing the cop) He's a software engineer by profession and has a clean record so far. He spent several days in judicial custody already for this charge since it's a non-bailable offence. What are his options right now? should he go to trial where it'll basically be his word against the traffic policeman and 3 of his assistants (who will support him) OR should he try to quash the FIR using 482? For quashing would it help to file it before the chargesheet or should he wait for the chargesheet to be filed? Here's a copy of the FIR: https://image.ibb.co/bH720K/FIR_translate.jpg If it comes down to a trial what are the points favouring him and what can be used against him?
Answers (1)

Answer #1
867 votes
Yes, he could apply for wuashing but the success rate is very low. So also, he could apply for discharge if there is no substance in the chargesheet. 353 has of late been made a sessions triable offence which makes it’s nature a bit serious. If your friend does have the recording that u say he made, it’ll be of use during the trial. In any case, word against word mostly culminates in acquittal

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