SUBHAM AGARWAL
08 February 2012 at 12:21
I have been accused in a case U/S 498A, 323,504 and 3/4 D.P. ACT.I have filled for discharge in Magistrate court as there was no time and date of alleged false voilance incident.He has rejected the application .Now I filled revision in session court.A senior lawyer has suggested following citation to quote with discharge application.These are
AIR 1971 SC 1925
1988(1)Crimes8(A11)
1963CriLJ 612
2002CrLj2905(A11)
Please provide a link for each citation on website so I can download the above citation in PDF formet and provide them to my lawyer as my help
Advocate@Law Field
08 February 2012 at 11:52
S.389 of Cr.PC is for Suspension of sentence pending the appeal; release of APPELLANT on bail....It is relate to/ applicable to APPELLATE COURT only.
My simple question is that is there same provision for TRIAL COURT?
Sultan
08 February 2012 at 08:24
1. I was on my visit to some town last
week. I was a traveler.
2. During my visit I went alone into a Masjid for offering Days last prayer "Isha" around 22:00 Hrs.
3. In midway of my Namaaz, one person approached me and started questioning & objecting the way I was offering Namaaz. He started shouting on me, meanwhile other person from masjid also gathered there.
4. After that some one slapped me and than drag me out of masjid by literally pushing me.
5. After the incident I was in hurry for completing my left Namaaz & thereafter for catching my scheduled train.
6. I can Identify 2 persons in that whole gathering.
Queries.
1. There is difference of Jurisdiction of the incident & my residence.
2. As far as I know Masjid was not having any right of admission.
3. What remedy is possible in such case.
4. The incident took place 5 days back.
5. My intention would be that no other person should be Humiliated in a manner in which I was.
iamprem
07 February 2012 at 23:11
Dear esteemed members,
Q: Should the Police required to send the FIR enquiry written deposition given by the non-accused person name mentioned in the FIR to the A/CMM court?
Note: Police has NOT taken any action on the accused for 2+yrs nor the complaint given CanaraBank worried about that. Whereas i was called for enquiry and gave my written deposition which has not reached the court even after 6+ month.
So what should i do?. Should i have to get that from PS/Court/RTI?. or not to worry , since i gave my deposition?
My new-lawyer says, not to worry.
I feel Police is protecting the accused in collusion with the complaint given CanaraBank.
I do know that every FIR should reach the A/CMM court within 60/90days. What about the subsequent documents?
FIR was filed by CanaraBank in 2009 against its customer under sec.420,468,471.
When i checked after 6months through my new lawyer, Police has given only the FIR to the A/CMM court.
Here is the background,
2003 - Person-A has taken a loan from VijayaBank based on original documents. Which i have cleared it in 2006 and bought the property. Original doc is with me and now with court.
2004 - He has been customer of CanaraBank and by hiding the 2003 mortgage, he deposits photocopies in collusion with CanaraBank managers and availed over draft loan of Rs.6Lac and later defaulted without paying penny.
1/2009 - CanaraBank waited since 2004/6 and files one money recover suit in the court.
1/2009 - CanaraBank also filed one FIR only against its customer under sec.420,468,471.
But unfortunately CanaraBank has mentioned my name as property purchaser from its fraud customer.
Police has not taken any action for 2yr against the accused, but called me for enquiry.
I gave all the proof for bonafide purchase, CanaraBank collusion with its customer and written deposition. My broker who helped me to get the property also was called and they too gave the written deposition.
When i asked copy of my written deposition, Police said, u can get from court or RTI.
After 6month when i tried to get the FIR related documents from A/CMM court, Police has given only the FIR copy and nothing else.
ref:
http://www.lawyersclubindia.com/experts/Can-Law-allow-bank-to-give-loan-based-on-photocopies-of-sale-deed--276246.asp
deadlaws
07 February 2012 at 22:38
I HAD ALREADY ASKED THIS QUERY IN OTHER WAY.
TO FURTHER CLARIFY THE ESSENCE, I REPEAT IT IN OTHER WAY.
WHILE EXAMINATION U/S 200, IF COMPLAINANT WISHES, THAT ALL OF HIS WITNESSES MUST BE PRESENT AND IF,SOME OF THE WITNESSES ARE NOT WILLING TO BE EXAMINED THOUGH ARE VITAL FOR THE CASE, THEN, HOW CAN THOSE WITNESSES BE COMPELLED TO REMAIN PRESENT AT THE TIME OF EXAMINATION OF COMPLAINANT ?
Fahim K. Bakshi Advocate
07 February 2012 at 22:26
what is the criminal jurisdiction for filing of a complaint u/s 494 IPC
hilal
07 February 2012 at 21:28
I was traveling in NH47 with median seperation . Near to erode a scotter crossed the NH47 with taking any proper care . My car got hit with scotter and person was immediately taken to hospital . Intialy i was charged with IPC 279-379 and after 20 days the person died. And in the new FIR i was charged with IPC304A. Is this nomral to charge with IPC304A. Please help how to proceed this case . Also what will be the punishment in normal case .
munnu
07 February 2012 at 21:01
Can the statements recorded under sec.161 of CrPC be used in a civil case for the purpose of contradiction..?
vijay
07 February 2012 at 19:35
The Code of Criminal Procedure, 1973 (CrPc)
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
(1) No court shall take cognizance-
(a)
(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) Of any abetment of, attempt to commit, such offence, or
(iii) Of any criminal conspiracy to commit, such offence,
Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b)
(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or
(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.
(2) Where a complaint has been made by a public servant under clause (a) of subsection (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court; and upon its receipt by the court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term "court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a court for the purposes of this section.
(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:
Provided that-
(a) Where appeals lie to more than one court, the Appellate Court of inferior jurisdiction shall be the court to which such court shall be deemed subordinate;
(b) Where appeals lie to a Civil and to Revenue Court, such court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.
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Leakage from neighbour's walls
To the experts,
I am a resident of Panchkula (Haryana). I run my business in a commercial property. There is leakage from the walls of another office just above my office because of which water seeps into my office and at times causes damage to the valuables.
I have asked them to get it repaired but every time they tell me that they have got it checked by plumbers and there is no problem with their sewage or water transmission pipes/ channels.
My question is whether I should approach the police and file a complaint or whether i should approach the municipal authority in this regard. Will the police claim that they have no jurisdiction because this is not a criminal offence? The same way my question is whether the municipal authority can argue that they have no jurisdiction because this is a private matter and does not concern public health or public sanitation at large?
Please advise urgently with relevant legal provisions.