A a person was hit by my car from backside, he sustained multiple fractures. His family members gave complaint to police.
Now, Police filed IPC 338 on me and they gave me station bail.
I tried to help the injured but his family is demanding hefty money from me which i cannot give.
Police suggested me to contact some good criminal lawyer to defend in the court as there is clear evidence of my negligence on my side.
Police also said that in a month or two, i would get notice from court also.
police also said that i would be behind the bars for 1 year as per criminal law.
I am bank employee and my colleagues are also there in the car with me.
If any one of my colleague informs to the higher officials, will i get suspended because of on going criminal case on me?
Should i inform officials about the accident case before my colleagues does? will i get suspended and eventually gets terminated from the service?
Please help me what should i do, need some valid suggestions as it is linked to my livelihood.
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?
My wife leaving me file maintenance case (125) for her & my son. After filing said case she remarried (legally) again & kept my son to unknown place. Will maintanance application rejected ?
1. My wife filed 125 CRPC against me & the case was dismissed for default.
2. She again file restoration petition to restore dismissed 125 CRPC.
3. Restoration petition was dismissed for violation of court's order.
Can it be concluded that 125 CRPC was dismissed on merit ?
4. She again file 125 CRPC on same ground and interim maintenance is allowed.
Can I appeal before High Court to dismiss 125 CRPC since lower court cannot review its own order ?
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents or any Case Laws of Filing a FIR under s 154(1) under U.P. Gangster Act 1986
Is the procedure different for a SHO of a Police Station
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
I am a senior citizen aged around 72 and living with my wife aged around 62 in Tamil Nadu state. we have land dispute issue with neighbours and relatives. my son and daughter are living in Chennai for there work visit once in a month. we are facing lot of threatening and oral violence with this member. and we have filed a police compliant and Police not taking any steps to help me and wife.
Please help / Guide me to escalate this case to higher officers and live a peaceful life.
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?continue
In IPC 338 is a compoundable offence with the permission of court (what I read from internet).
Also the punishment is 2 years or fine or both.
I am on station bail now and i was said that i would need to go to court till i get conviction or acquittal.
What if the complainant and injured are not ready to settle the case out side the court as we have third party insurance covered for the vehicle.
1. If the court convicts me and awards any imprisonment, what should i do?
2. If the appellate court and high court also confirms the lower court judgement, do I need to suffer 3. the punishment awarded by the court or law ?
what can I do here ?
In 2015 Police registered false FIR against me U/s. 326 and 506 if IPC on complaint of lady known to me. On information, I obtained certified copy of FIR from Magistrate Court where date of offence was 08/08/2015. I filed Criminal Writ Petition in the Hon’ble Bombay High Court praying for quashing the FIR. After about 2.5 years, investigating officer filed charge sheet in the court and one copy tendered to me. In the FIR annexed to the charge sheet I found that the date of offence was altered from 08/08/2015 to 08/09/2015 by using whitener and also there found other fabrications. My Writ Petition is pending in High Court where Xerox of original FIR is relied. When I made Application under RTI to the Police Station, the Public Information Officer informed me in writing that the FIR Book containing original FIR is not available.
I do not know what to do. Kindly inform me as under:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
2) Whether my Writ Petition become infructuous because of change in date of offence?
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?