Forged document produced evidence- legal action

teaching

Thanks for the reply But waiting for the one whom i asked the question :) 

 
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teaching

But then how come my points will be proven they asked selective question with yes or no and thats goes on record . what about my actual incident narrations? Police had not written my 6 pages hand written story in FIR .FIR is under 154crpc maximun is missing in FIR and he crossed me that ye nhi likha wo nhi likha FIR me . i am notresponsible what is written in FIR even if mt SIGN is there on it . I have given my own hand written complaint which police did not took action for 16 months . plz guide 

 
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Practitioner of Law

May-21-2018 Mon, 09:14 PM

@Sonam Kaur et al.,

THANKS for your kind words. From your reply, it is recommended that you open a new query that is more focused on the allegations that you make. This is a separate cause of action.

  1. FROM THE GIVEN SET OF CIRCUMSTANCES, it may be fruitful to advert to a hall mark judgement as culled out from SUNIL KUMAR PAL V. PHOTA SHEIKH AND ORS., 1984 (4) SCC 533[1], wherein the Hon'ble Supreme Court speaking through P.N. BHAGWATI AND V. BALAKRISHNA ERADI, JJ., deliberatee uupon - Perfunctory investigation - Trial appallingly unfair and heavily leaded against the accused - Public prosecutor appearing as if representing for the accused  - Material witnesses not examined - Witnesses intimidated - No protection given to them - Trial vitiated - Retrial ordered. (Paras 4, 5, 6, 7 & 9), it was held that —

“(Paras ¶¶ 4, 5, 6, 7 & 9) — Public Prosecutor should not appear to defend the accused”

  1. ADDITIONALLY, one may wish to take shelter under CrPC §§ 301(2) r/w 302(2) and avail the option of Special Vakalath and thereby appoint an advocate to assist the learned public prosecutor to conduct the case.

 

Anil @ Satyagraha.com

P: +91 7095 776633

P: +91 8019 291111

 

DISCLAIMER NOTICE: This Message and any files transmitted with it are for the sole use of the intended recipient(s) and may contain confidential and privileged information. This message or any part of it is not construed to be Legal Advice. For legal help, kindly contact a lawyer that specializes in the area of your concern. If you are not the intended recipient, please contact the sender by reply Message and destroy all copies of the original message.

Any unauthorized review, use, disclosure, dissemination, forwarding, printing or copying of this message or any action taken in reliance on this Message is strictly prohibited and may be unlawful.

 

[1] SUNIL KUMAR PAL V. PHOTA SHEIKH AND ORS., 1984 (4) SCC 533

 
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teaching

Thanks For your quick response sir. but i did not understand a single word except "it is recommended that you open a new query that is more focused on the allegations that you make"

 

 
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Practitioner of Law

May-21-2018 Mon, 09:18 PM

  1. AS TO regarding …

xxx  … Police had not written my 6 pages hand written story in FIR... xxx

  1. IN THE MATTER OF  LALITA KUMARI V. GOVT. OF U.P. & ORS., 2008 (7) SCC 164[1],  the Hon’ble Apex Court speaking through Learned B.N. AGRAWAL AND G.S. SINGHVI, JJ., as  decided On : 07/14/2008, adverted that has Many a times FIR are not registered even after intervention of higher police officers or orders of courts – On the other hand some practical persons do not have any difficulty and has held —

(Para ¶ 8) —                        Code of Criminal Procedure, 1973 – Section 154 – FIR lodging of – Many a times FIR are not registered even after intervention of higher police officers or orders of courts – On the other hand some practical persons do not have any difficulty – Their FIR are registered and investigation proceeds at super-sonic speed – The erring police officials, if summoned to court for their misdemeanor, even assault the presiding officers of the court – It is high time the Supreme Court steps in to correct the situation – Notices issued as to why directions should not be issued in this regard.”

AGAIN, in LALITA KUMARI V. GOVT. OF U.P. & ORS., 2013 (4) CRIMES(SC) 243[2], the Hon'ble Supreme Court speaking through Learned P. Sathasivam, CJI, Dr. B.S. Chauhan, Ranjana Prakash and Ranjan Gogo, JJ., vide Writ Petition (Criminal) No. 68 of 2008 with S.L.P. (Crl.) No. 5986 of 2006 , S.L.P. (Crl.) No. 5200 of 2009 Criminal Appeal No. 1410 of 2011, Criminal Appeal No. 1267 of 2007 and Contempt Petition (C) No. D26722 of 2008 in Writ Petition (Criminal) No. 68 of 2008 Decided on : 12.11.2013, and has held —

(Paras ¶¶  60 , 61 and 63) —         Criminal Procedure Code, 1973—Section 154—Police Act, 1861—Section 44—FIR—Registration of—If at all, there is any inconsistency in provisions of Section 154 of Code and Section 44 of Police Act, 1861, with regard to fact as to whether FIR is to be registered in FIR book or in General Diary, provisions of Section 154 of Code will prevail and provisions of Section 44 of Police Act, 1861 (or similar provisions of respective corresponding Police Act or Rules in other respective States) shall be void to extent of repugnancy—Registration of FIR is mandatory and also that it is to be recorded in FIR Book by giving a unique annual number to each FIR to enable strict tracking of each and every registered FIR by superior police officers as well as by competent court to which copies of each FIR are required to be sent.

 

xxx

 

(Paras ¶¶ 98, 100 and 101) —         Criminal Procedure Code, 1973—Section 154—FIR—Registration of—While registration of FIR is mandatory, arrest of accused immediately on registration of FIR is not at all mandatory — Arrest of a person and registration of FIR are not directly and/or irreversibly linked and they are entirely different concepts operating under entirely different parameters—If a police officer misuses his power of arrest, he can be tried and punished under Section 166 of IPC.

 

(Paras ¶¶ 44 and 45) — Interpretation of Statute—Golden Rule of Construction—If the provision is unambiguous and legislative intent is clear, court need not call into it any other rules of construction—Golden rule of interpretation can be given a go-by only in cases where language of the section is ambiguous and/or leads to an absurdity.”

RECOMMENDED NEXT STEPS

  1. REACH OUT TO THE HIGH COURT vide CrPC § 482 or Art. 226 (Writ) and specifically seek to correct the palpable errors that are seen ex facie. Secondly, seek action against the erring Police who have been derelict in their duty.

 

Anil @ Satyagraha.com

P: +91 7095 776633

P: +91 8019 291111

 

DISCLAIMER NOTICE: This Message and any files transmitted with it are for the sole use of the intended recipient(s) and may contain confidential and privileged information. This message or any part of it is not construed to be Legal Advice. For legal help, kindly contact a lawyer that specializes in the area of your concern. If you are not the intended recipient, please contact the sender by reply Message and destroy all copies of the original message.

Any unauthorized review, use, disclosure, dissemination, forwarding, printing or copying of this message or any action taken in reliance on this Message is strictly prohibited and may be unlawful.

 

[1] Lalita Kumari v. Govt. Of U.P. & Ors., 2008 (7) SCC 164

[2] Lalita Kumari v. Govt. of U.P. & Ors., 2013 (4) Crimes(SC) 243

 
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In addition to yes or no to the selective questions, you could have added what you wanted to say.


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teaching

can i ask question to opposite lawyer if he cross me saying " jaise tum bol rahi ho aisa kuch hua hi nahi" type in my cross examination hour 

 
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Sure, you can.

 
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teaching

any source because my lawyer says who r u to cross him or ask him anything. sad but i need to give him befitting reply 

 
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