RAJ
19 July 2019 at 23:04
REQUEST/ENQUIRY -REGARDING QUASH OF CRIMINAL CASE / EXEMPTING THE ACCUSED REINCLUDED BY CRPC 319
Dear expert according to your invaluable expertise and knowledge in the field, I request your guidance and assistance on the below mentioned
Based on the events during the evening hours at an inherited joint property; in which a father along with his family ( wife, son and daughter) resides (in his share); adjacent to that of his younger brother on 2010; quite contradictory to the real truth a CMP case was filed at local munsiff court by his younger brother and wife as the complainants.
Actually the complainant’s (younger brother and his wife) have unleashed unprecedented violence to the residents (the accused husband and wife) for no reason; upon some previous property grudges Following the same; both the false complainants fabricated a fake story accusing the both for theft,assault etc. Moreover, a cooked up story that the couples son has attacked them and stolen the golden necklace from the younger brothers wife was also specified in the same.
The case according to the legal process was forwarded to the concerned police station for enquiry. The police investigated and submitted a truthful report (during July 2015) on the incident stating the following facts
1.The complainant/wife admitted that the name of the accussed’s son was added since her husband insisted so that the case will attain some serious criminal traits.
2.The witnesses also stated that the the accused child was not there at the time of the incident and however does not have any idea as to why his name was included.
No recovery of the necklace, weapons or any thing incriminating was found against the accused child.The accused no3 was exempted from the case so afterwards based on the police findings.
During the month of July 2016 a discharge application was filed at the court for the due nullification of the case based on the genuine reasons of inconvenience for the elderly couple to attend the court proceedings all for baseless accusations.Both were granted bail on the month of July 2018.
Consequent to the trial proceedings for the discharge applications, during the examination of the accused (the younger brothers wife) raised a preplanned request to bring the exempted accused no3 before the court for the examination since he was specified in the first CMP filed; and the judge has accepted the same and remarked for a summons for the previously exempted child (by the virtue of CRPC 319); upon the recommendation by the public prosecutor and the much embarrassing attitude of our lawyer to have kept quiet without even raising a verbal objection at the circumstance.
The situation has lead to a difficult scenario so that the accused son has to take the bail and it costs him lot of time, money and inconvenience since at present he is working at a place long way away and often has to fly abroad etc and all as a part of the job.
1.Is there any possibility to quash the case or atleast remove the childs name from the case by application of any prayer or request in front of any higher couts or Honourable high court.
2.Any chances for freezing the summons and next hearing by the virtue of legal moves In higher courts; kindly provide the relevant sections and loopholes.
3.Will it be a problem if the party cannot appear before the court due to the travelling and remote job locations. Any risk of arrest warrants after 3 excuses? If so how to tackle the same.
4.Is it appropriate to receive the summons or just tactically avoid the same; by moving an explanation in the court and relief based on the situation.
5.Is it legally advantageous if we proceed for a strong written objection to reinclude the party; at the same court before proceeding to the higher court considering the limited time frame of barely a month for the next hearing
6.Does such a prayer or move is worth an attempt for legal success in higher court ; since the police report strongly establishes that the concerned person was not present at the scene further confirmed by the witness statements.( the report which complainant claims to be biased)
RAJ
19 July 2019 at 22:47
Dear experts according to your invaluable expertise and knowledge in the field, I request your guidance and assistance on the below mentioned
Based on the events during the evening hours at an inherited joint property; in which a father along with his family ( wife, son and daughter) resides (in his share); adjacent to that of his younger brother on 2010; quite contradictory to the real truth a CMP case was filed at local munsiff court by his younger brother and wife as the complainants.
Actually the complainant’s (younger brother and his wife) have unleashed unprecedented violence to the residents (the accused husband and wife) for no reason; upon some previous property grudges Following the same; both the false complainants fabricated a fake story accusing the both for theft,assault etc. Moreover, a cooked up story that the couples son has attacked them and stolen the golden necklace from the younger brothers wife was also specified in the same.
The case according to the legal process was forwarded to the concerned police station for enquiry. The police investigated and submitted a truthful report (during July 2015) on the incident stating the following facts
1.The complainant/wife admitted that the name of the accussed’s son was added since her husband insisted so that the case will attain some serious criminal traits.
2.The witnesses also stated that the the accused child was not there at the time of the incident and however does not have any idea as to why his name was included.
No recovery of the necklace, weapons or any thing incriminating was found against the accused child.The accused no3 was exempted from the case so afterwards based on the police findings.
During the month of July 2016 a discharge application was filed at the court for the due nullification of the case based on the genuine reasons of inconvenience for the elderly couple to attend the court proceedings all for baseless accusations.Both were granted bail on the month of July 2018.
Consequent to the trial proceedings for the discharge applications, during the examination of the accused (the younger brothers wife) raised a preplanned request to bring the exempted accused no3 before the court for the examination since he was specified in the first CMP filed; and the judge has accepted the same and remarked for a summons for the previously exempted child (by the virtue of CRPC 319); upon the recommendation by the public prosecutor and the much embarrassing attitude of our lawyer to have kept quiet without even raising a verbal objection at the circumstance.
The situation has lead to a difficult scenario so that the accused son has to take the bail and it costs him lot of time, money and inconvenience since at present he is working at a place long way away and often has to fly abroad etc and all as a part of the job.
1.Is there any possibility to quash the case or atleast remove the childs name from the case by application of any prayer or request in front of any higher couts or Honourable high court.
2.Any chances for freezing the summons and next hearing by the virtue of legal moves In higher courts; kindly provide the relevant sections and loopholes.
3.Will it be a problem if the party cannot appear before the court due to the travelling and remote job locations. Any risk of arrest warrants after 3 excuses? If so how to tackle the same.
4.Is it appropriate to receive the summons or just tactically avoid the same; by moving an explanation in the court and relief based on the situation.
5.Is it legally advantageous if we proceed for a strong written objection to reinclude the party; at the same court before proceeding to the higher court considering the limited time frame of barely a month for the next hearing
6.Does such a prayer or move is worth an attempt for legal success in higher court ; since the police report strongly establishes that the concerned person was not present at the scene further confirmed by the witness statements.( the report which complainant claims to be biased)
Anonymous
19 July 2019 at 20:35
What does happen in mediation in National Consumer Commission?
The apposite parties have gone back on their words time and again, not followed orders of lower forum and staet commission.
To this the NCDRC New Delhi has ordered to go for mediation.
Last date the advocate of apposite party behave highly rudely and hurled abuses at me.
So the judges have sent us for mediation. What will happen in mediation I asked them.
They have not told anything.
I feel they will again shout etc. (Rowdism by advocate) Unruly scene. Should I carry a gun with me or should I take local police help for protection?
Please guide.
Amit jande
12 July 2019 at 19:39
Dear Sir,
I had rent my premises to a company for Govt scheme DDUGKY on leave and licences basis.
Company was not paying licence fee on time. And had also informed us in aug 2018 that their target for the project has been accomplished and they shall be moving to some other property. They also requested to refund there deposit amount as they told us that they shall pay all the dues of the property. Mean while they told us to put up security guards and CCTV cameras in parking area.
During the installation of CCTV cameras in parking area the concern company CEO tried to file atrocity complain at local police station saying that the land lords are abusing girls who are under training session of govt project DDUGKY. Police inquired in the matter and found nothing. No complain was registers.
During the period of this complain CEO ask us for returning the agreement deposit and also forcefully asked for additional fund of Rs 15 lakh also some blank papers were signed saying that cancellation deed need to be registered.
All amount was given by DD.
In connection to 15 lakhs CEO issues a receipt mentioning as donation.
No cancellation deed was registered. Licence premises possession was also not given back to landlords.
Concern to property possession we have already filed a civil suit for eviction process.
I had file a complain application to the local police station and the S.P. office but nothing being done. No F.I.R., filed. Not even NCR filed.
There after I filed and application under 156(3) at chief judicial magistrate.
After hearing the case application was rejected saying that no prima facia case is made out.
What to be done next concern to criminal case?
Shall I file a Revision petition or shall I go for issuing of process?
I am facing lot of hardship in concern to the situation.
neeraj
12 July 2019 at 11:04
Sir,
I am putting this query again with some more clarification pls reply so that we can proves thing in court
Blank Cheque given to a financer against the loan but handedover to unknown person by financer.
After cheque bounce legal notice sended by complainant through his lawyer.
complainant signature is thier on every page of legal notice.
currently the 138 case in court, we filled application under 263 ipc, complainant refuse to give reply of 263 for more than 1.2 years but after get warrning from judge they filled the reply of 263.
Signatur of complainant on reply is there.
But after seeing all the documents we find that signature on legal notice and signature on 263 reply are not same and also in different handwriting.
We doubt that might be the signature on legal notice put by the financer because they are in impression that after seeing 138 case we will be ready for compromise but we go for trail at court.
Now what can we do in this situation, what neccassery steps should be taken so that we can put pressure on complainant and win the case.
Thank you
Anonymous
12 July 2019 at 05:46
498a/406 - Acquitted from lower court citing "Prosecution failed to prove the charges". And final verdict is "acquitted".
Now it is appealed in session court against order of lower court. My questions are :
Will it be entire trial will re-run in session court again?
All proceedings will be same as that of JM/lower court ?
Or it will be summary proceedings (short/brief) in session court ?
Many thanks in advance for your expert opinion.
Ms_Roz
11 July 2019 at 18:53
Can complainant file protest petition if Police he registered the FIR under 154 sec? Need Judgment of Hon’ble SC or Bombay HC In a criminal case.
Thanks
Anonymous
09 July 2019 at 12:29
The case is as follows
1)my father is alcoholic and abusive.he beats my mother and torture her time to time.My mother is of 50years
2)my father demands from my mother to transfer property which is under her name to transfer to his name
3)I have asked many times for help from my grandmother,my elder uncle and my younger uncle to stop violence done by my father
4) instead of asking him to stop ,my uncles and grandmother support my father and curse my mother.My younger uncle is occupying our ancestral home which he wants and for that purpose he supports my father and threaten us to involve in fake police case( he is police constable)
5) one day I called my elder uncle, grandmother and asked them to explain my father about stopping the violence
6) Instead of telling my father my elder uncle and my grandmother sent legal notice to me and my mother.They made false allegations that we are torturing them, threatening them on call etc etc.They claimed that they do not have anything to do with our family (which is lie, they support my father).
7)my younger uncle who is in police very cleverly did not showed his involvement in the whole matter
8)in response we also replied the notice claiming that all allegations done on us are fake and my elder uncle my grandmother and my younger uncle are doing this purposefully to threaten us
9) in response to first notice we replied to my elder uncle,my grandmother and to lawyer who sent us notice on behalf of my uncle and grandmother.
10) we claimed in our response that my younger uncle is involved in this matter in order to threaten us
11)my grandmother stays with younger uncle so so we mentioned my grandmother's address as "Name of my grandmother, C/O name of my younger uncle". Technically we did not sent any legal notice to my uncle
12)now issue is that my younger uncle have replied to legal notice which was not addressed to him and have written in his notice that if we do not give him writing that whatever allegations we put on him in our notice were not true he will take faujdari action on us.
13)he replied to many points from notice which we sent (he replied to points which qas address to lawyer of first notice,my uncle and my grandmother )
So my question is
1)does this case comes under criminal�?
2) action of younger uncle (working as police constable) of replying notice whiy was not addressed to him and threatening of takin police action if we do not give him written statement can come under 503 IPC criminal intimidation?
What legal step I can step to stop my younger uncle ?
Thanks and Regards
Abc
Anonymous
08 July 2019 at 08:12
In FIR, stated that � harassed B for no reasons.
In 161 statements LW1 to LW6 stated that during panchayat, B stated that C sent some obscene content and threatened her with dire consequences ,so she used to be in touch with him.
And LW7 in his 161 statement said that during panchayat B said that she met with C in a marriage and since then they conversant with him and C sent nude images of other women and asked B to send simliar fotos of her so B sent same.
And in chargesheet, police stated like this..During panchayat B admitted that, her relative C conversant to her at their village in a marriage function, since then she used to talk with him and sent some of her pics to him�
So the police presented manipulated version on C in chargesheet just to protect him from becoming an accused . So what should be done now . Should A file
A) a 173(8) petition for further investigation in matter of C by stating contradiction in LWs 161 statements and the manipulation done by police in chargesheet
B) complaining to district judge/ vigilance registrar of high court on the clerical staff for not correcting wrong translation (from Telugu to English) of 161 statement in chargesheet which is done by police with vested interest to omit C the sexual harasser.
C) complaining to higher police officers like SP this and request for further investigation
D) private complaint in the same court
Please suggest. Thanks a lot in advance.
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Public drinking water sold for commercial purposes
Outside my premises there is a corporation water tap and this tap supplies drinking water to the local people surrounding it...now there are 5 to 6 unlicensed foothpath shops selling chowmein and fast foods tea etc, who come to this tap and fill up huge huge drums of this drinking water for the purposes of running their shops..they forcibly take the water and openly declaring that the water is to be supplied to their shops first then the public can fetch drinking water..they say that they are paying the local ps for the same...
Poor old senior citizens cannot fetch water properly for they domestic use..
Please advice