V.N.K. MENON
11 August 2019 at 17:30
Dear experts, may I use collective wisdom.
I am giving below the present order which is not compatible with the previous proceedings before another Magistrate.
From the date and events I feel I have given a correct picture of the matter.
In the circumstances, I made a proposal. Experts may kindly guide me to the best way suitable. Next Date of hearing is 14th.
( PRESENT ORDER)
HON. HARUN PRATAP, MM-04 COURT NO ., ____COURT, NEW DELHI
CASE NO. 4077/18
DT .13,05.2019
IN THE MATTER OF:
STATE
VS.
UNTRACE
Heard. Perused.
(ORDER)
Adjournment to sought PSE by the complainant.
Be put up for entire PSE on 14.08.2019 as last opportunity
to the complainant
(order ends)
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[ORIGINAL TITLE DETAILS = CC NO. 99/1/16 BY PREDECESSOR MM HON. SUNIL GARG WHEREAS THE TITLE GIVEN ABOVE IS QUITE DIFFERENT]
A .... COMPLAINANT
(address given)
V/s
(1) B
(2) C …. ACCUSED /
RESPONDENTS
================================================================================
================================================================================
[PROPOSED DRAFT]
APPLICATION FOR RECUSAL ON BEHALF OF COMPLAINANT
AS HE LOST FAITH IN THIS COURT
RESPECTFULLY SHOWETH:
----------------------------------------
The Complainant very humbly submit as follows:
Sequence of dates & events is stated as follows:
------------------
03/08/2016
----------------
Complaint was filed in C.R. Park, P.S. for having committed pilferage and theft of articles [i.e. valuable clothes meant for our grand son for his birthday brought from abroad].
Cause of action arose when after unreasonable delay the packet was returned marked “refused” after theft and weighed less and that too with some old material after some rituals. Subsequently, I inspected delivery slip at the Post Office and it was promptly delivered to the addressee.
------------------
17.09.2016
------------------
I approached the court u/s 156(3) CrPC as Police refused to file FIR.
Hon’ble MM Garg after hearing the Complainant was pleased to make Accused No. 2 as accused No. 1 and called for ATR from SHO, C.R. Park.
------------------
03/10/2016
------------------
ATR filed by SI alongwith FIR bearing No. ___/ 16.
======================
RTI Reply with Delivery Slip
=======================
---------------
14.10.2017
----------------
RTI application was sent by me to Post Master to give an authentic copy of Delivery Record.
----------------
30.10.2017
-----------------
Received a certified copy of Delivery Record from Postal Supdt. On scrutiny it is clearly visible that a paper with forged signature of another person was stapled and taken a photocopy which was attested by the concerned and sent to the Complainant to save the Postman and Accused No.1 from prosecution obviously for extraneous considerations. Judicially noticeable facts need not be proved S-56/57 Evidence Act.
-----------------
12.11.2017
------------------
Copy of the same was passed on to the Police alongwith details. Obviously investigation was supposed to be carried out.
===================================================================
In view of above, Application filed u/s 319 CrPC to arraign Accused No. 3: not given in FIR
= ==================================================================
------------------
01.10.2018 –
-----------------
D.O.H. in t his court. I received a Notice dt. 10.07.2018 from this court through the said I/O.
On this day I filed an application u/s 319 CrPC r/w 192 & 193 IPC for arraigning Post Master as Accused No. 3 as he was not named in FIR 257/2016. It is judicially noticeable fact that document had been forged by stapling a paper as elaborated in the application. No summons were issued to Accused-3 u/s 91 CrPC to produce original Delivery Record in his possession.
-------------------------------------
11.12.2018 & 12. 02.2018 –
----------------------------------
Adjournments, but no final report u/s 173 was filed.
----------------
13.05.2019
-----------------
(GIVEN ABOVE)
An order was passed by this Ld. Court by grossly changing the title made by Predecessor MM as stated above from: “V.N.K. Menon vs. Greeshma” to “State vs. Untrace”. Postal employees cannot be untraceable and moreso, “refused” has been remarked by the Postman against addressee.
STATUS OF THE CASE (given below) : gives a false picture in view of the above facts.
In the facts and circumstances, there is reason to believe that I will not get justice.
(end of draft)
=================================================================================
=================================================================================
====================
CASE STATUS REPORT
====================
Metropolitan Magistrate, ___________
Case Details
Case Type CR CASES - CRIMINAL CASE
Filing Number 20877/2018 Filing Date 07-07-2018
Registration Number 4077/2018 Registration Date 09-07-2018
CNR Number DLSE020208892018 (Note the CNR number for future reference) View QR Code / Cause Title
Case Status
First Hearing Date 09th July 2018
Next Hearing Date 14th August 2019
Stage of Case Pre Summoning Evidence
Court Number and Judge 84-Metropolitan Magistrate
Petitioner and Advocate
1) STATE
Respondent and Advocate
1) FINAL REPORT
Acts
Under Act(s) Under Section(s)
IPC 379,34
FIR Details
Police Station C. Park
FIR Number-------
Year 2016
History of Case Hearing
Judge Business On Date Hearing Date Purpose of hearing
Metropolitan Magistrate 09-07-2018 01-10-2018 Misc./ Appearance
Metropolitan Magistrate 01-10-2018 01-12-2018 Misc./ Appearance
Metropolitan Magistrate 01-12-2018 12-02-2019 Misc./ Appearance
Metropolitan Magistrate 12-02-2019 13-05-2019 Pre Summoning Evidence
Metropolitan Magistrate 13-05-2019 14-08-2019 Pre Summoning Evidence
Interim Orders
Order Number Order Date Order Details
1 01-12-2018 COPY OF ORDER
2 13-05-2019 COPY OF ORDER
ROSHAN JAHAN
10 August 2019 at 23:45
My family was traveling from lucknow to bareilly in an AC Coach. As the train departs from lucknow somebody take my wife's jewellery bag worth around 4 lacs.she realizes this after reaching Bareilly. There she filed an FIR with bareilly police, which later transferred to GRP Lucknow. But GRP Lucknow is not taking the case seriously. I want to file a complaint with district consumer forum regarding compensation from railways as how can an unauthorized person entered the compartment and take away my jewellery. But my problem is that I don't have all the valid bills of my jewellery. Some jewellery is of my ancestral and some is gifted. So whether should i can claim my entire jewellery compensation or for only whose valid bills are with me. Please help
Pooja
10 August 2019 at 16:51
My maternal uncle took money from me in form of draft in name of his wife to pay her alimony. Now he is not returning my money and rather says that, the money is given to his wife so I should ask his wife.
Please help.
Anonymous
10 August 2019 at 15:53
Police constable has filled a false case against me. IPC 353, 504, 506(1)
I had approached the Commissioner, Addl commissioner, Prime minister, Chief minister, Human right commission, Minority minister, Dcp, Acp, Police complain authority also.
The police has replied them all false information intensionally , I have applied 50 Rti application and I have collected evidence for that.
What can be done in this case.
Which all IPC can I file against them.
Or is there any Dept where I can still approach.
Usually people get scared to go against them.
Pl guide me
U can email me at Francis.santamaria76@gmail.com
What's app 8087897979 also
Thank u
Anonymous
10 August 2019 at 15:17
Which all IPC section I can file against the authority...pls help me.
abhimanyu
10 August 2019 at 12:14
IN AN FIR CASE 498A, COMPLAINANT HAS NOT ENGAGED ANYBODY TO REPRESENT HER AS SHE WAS TOLD THAT PP WILL TAKE CARE HER CASE. HOWEVER, SHE IS NOT SATISFIED.
A) CAN SHE FILE WRITTEN SUBMISSIONS HERSELF IN THE COURT WITHOUT ENGAGING ANY COUNSEL AS SHE CANNOT PAY HIGH FEE
B) WILL SHE REQUIRE ANY PERMISSION FROM THE MAGISTRATE BEFORE THAT
Madhu Mittal
07 August 2019 at 10:23
Please let me know whether complainant to appleal u/s 372crpc to Session Court or u/s 300(5) crpc to Session Court or u/s 378 to High Court or any other section to any court, if Trial court closed the proceeding without the consent of Complainant as per Meters and Instruments Pvt. Ltd. (M/s.) and another vs. Kanchan Mehta by ordering Rs. 20000/- (twenty thousand) as compensation for attending about 44 court hearings dated during 7 years of the date of cheque dishonored (05.05.11) of Rs. 100000/- ( the face value of cheque of Rs. 100000/- given by accused after five years in instalments i.e first instalment of Rs. 5000/- given on 08.03.2017 and so upto 11.03.2019 ) ignoring interest @ 18 p.a. u/s 80 Negotiable Instruments Act and cost of per hearing at the time of decision on the party who unnecessary drag the proceedings as decided by Hon’ble Supreme court in case named Salem Advocate Bar Association, Tamil Nadu v/s Union of India (UOI) Decided On: 02.08.2005 MANU/SC/0450/2005 and AIR2005SC3353.
During trial, a creditor is bound to take the amount given by accused as per case u/s 138 N I Act named Pradeep Chandran Vs. Nimmi Velappan and Anr. Decided On: 13.12.1993 MANU/KE/0270/1993 Equivalent Citation: 1994CriLJ2768, 1994(1)ALT(Cri)255 IN THE HIGH COURT OF KERALA
Anonymous
07 August 2019 at 07:11
498a/406 running from last three years. Getting dates of 03 months. If I obtain timely completion recommendations from High Court. Would it be possible to submit that recommendations in between of dates ? Or we need to wait for dates (03 months) to submit that recommendation in trial court ?
elango.parameswaran
06 August 2019 at 12:18
A security of our apartment met with a road accident, by unknown motorist and got fatal injury on head. he had to undergo an open skull surgery in madras GH. Meanwhile, the Ex President of the Apartment owners Association has taken the motor vehicle in his custody and kept it in our Apartment. Later he has informed the police. Police also is said to advise the President to keep the vehicle safely in the apartment and not to hand over it to anybody. what is the legal / criminal consequences in this aspect. pl advise
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