Learn about
Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

         
    



Please Wait ..


Discussion > Criminal Law > Dowry > Need advise   Unanswered Threads Post New Topic

Pages : 1


There are 8 Replies to this message


rajiv rajan


rr
[ Scorecard : 298]
PRO CHAT CALL
Posted On 25 March 2012 at 16:21 Report Abuse

Dear Sir,

Three accused in 304B and 498A (Husband , Brother and Mother)

1. Husband and Brother get regular bail from Session Court.

2. Opposite party file bail cancellation in session court in the month of nov-11. Till date not even single hearing has beed done. some time DJ is absent and some time opposite party lawyer is absent.Date has been extended.

3. In the Mean time we surrender the mother in month of Feb-12 for regular bail as we get bail for same order from Allahabad high court. From that date till date my mother in interim bail. they give 7 times interim bail to my mother. DJ has transferd the Bail application to ADJ and ADJ is given each time interim bail telling that first judgement of bail cancellation come out.

4. Now my FIL and lawyer  file Ista Gasa in CJM court that they are thearthing me and my family.(false and fabricated case).



adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 32805]
PRO CHAT CALL
Posted On 25 March 2012 at 16:38

opposite party cannot file cancellation application, it is the duty of the Asst., public prosecutor to file such an application, moreover jurisdiction doen't come under the dist., court, it is vest with the JMFC court.


rajiv rajan


rr
[ Scorecard : 298]
PRO CHAT CALL
Posted On 25 March 2012 at 18:25

Sir,

Bail cancellation application filed with private lawyer not govt. lawyer


VINOD KUMAR SETH


Scientific Officer (Chemical)
[ Scorecard : 28]
PRO CHAT CALL
Posted On 26 March 2012 at 15:54

Sir, I am a Central Govt. officer holding a post of Scientific Officer in Ministry of Consumer Affairs, National Test House (SR), Chennai. before joining at NTH, Chennai I was working at NTH, Mumbai and posted on promotion to Chennai. While working at Mumbai, one of my Sr. Officer having enmity with me has filed a false FIR dated 17/09/2008 against me under ipc 328. He also complained to Director of the Office. Departmental inquiry has exonerated me and I was promoted and transferred to Chennai after getting clear vigilance report. Police of Mumbai has not taken any action saying that complain in FIR was not tenable and case was almost closed for three years. The Officer who assisted to file FIR against me become the head of Department and he arranged to file another false FIR against me in Chennai under ipc 408. With the help of local police and misusing his power and post he he succeded to sent in Judicial Custody for two days (Saturday and Sunday). Monday I applied for bail and bail was granted on tuesday. I was suspended from duties because I spent more than 48 hours in custody. I challanged the matter in the Hon, Central Administrative Tribunal, Chennai and CAT has issued order to office to immediately join the duty. But office has not followed the order and I filed a contempt petition in CAT. The contempt notice was served to the concern Authorities of Deptt . 

After getting the contempt notice the Concern Authorities were very angry and annoyed with me. The approched the Mumbai police Station to reopen the old case and with the help of some higher police Officer and misusing their power they succeed to  get a non bailable warrant against me directly from the Magistrate stating that I was absconding. while I was doing my duty in Govt. office at Chennai. The mumbai police has come to Chennai and arrested and kept me in a hotel of Chennai for 4 days (from 09/02/2011 to 13/02/2012) without poducing me to local magistrate within 24 hours of arrest. There was my hearing on 09/02/2012 with Central Information commossion and on 14/02/2012 in CAT for contempt notice for which I was party in person. on 13/02/2012 the Policemen from Mumbai taken me to Banglore and 14/02/2012 taken me to Mumbai and produced before Magistrate. Magistrate sent me to Judicial Custody without listening me. Further I was released on bail and suspended from the office again.

 

Now after trial for six months I was acquitted on merit in Mumbai case on 30/06/2011 and The learned Judge has made many adverse comment against the plice and complainant.  

Chennai police has given report that the case FIR filed against was false and it was mistakes of facts/law. 

 

Now I want to file two cases of Malicious Prosecution against the complainant and their supporters.

please advise over the both cases and suggest that whether I can file both malocious Prosecution cases at Chennai ?

Please help me, I shall be highly oblised





Attached File (downloaded 16 times) :

VINOD KUMAR SETH


Scientific Officer (Chemical)
[ Scorecard : 28]
PRO CHAT CALL
Posted On 26 March 2012 at 15:58

please find enclose the report of chennai Police




Attached File (downloaded 20 times) :

Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39420]
PRO CHAT CALL
Posted On 28 March 2012 at 20:22

Rajiv,

 

Bail cancellation is unheard of.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39420]
PRO CHAT CALL
Posted On 28 March 2012 at 20:23

Vinod,

 

You can sue the other party and the state for malicious prosecution.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

rajiv rajan


rr
[ Scorecard : 298]
PRO CHAT CALL
Posted On 29 March 2012 at 13:49

 

 

Shonee Kapoor Sir,

I am not able to understand what u r saying kindly explain it littel more


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39420]
PRO CHAT CALL
Posted On 30 March 2012 at 00:06

I am saying that many people apply for cancellation of bail just to harass the other party. The bail once granted is rarely cancelled.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com



Related Files



Previous Thread
Previous
Next Thread
Next


Related Threads


Post your reply for Need advise



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats