Under what condition criminal malacious prosecution are filed? Which sections of IPC are appropriate for such prosecution?
Whether after 482 quashing malacious prosecution possible?
I will be gratefull if anyone send me a sample petition.
Regards
Partha Sarkar
sarkar.partha@rediffmail.com
can wife side bring more witness in court after chargehseet is filed and provided to accused.
if yes on what ground and what would husband chance to fight them.
Anonymous
30 January 2012 at 00:06
civil suit pending declaration will with regal heirs.validity of a will is being challenged by a third person.charge sheet sumit no evidence 467-468-471 ipc.what is next
My Client had made private Complaint before JMFC and honourable court had issued process against accused under section 202. The procedure upto framing charge against the accused completed. Then after cross-Examine of complainant is to be done.. the advocate of accused argues that first the affidavit of examine to be done then after he will cross examine the complainant.
according to my knowledge the complainant had verified on oath by honorable judicial magistrate first class. that procedure is an affidavit of examine so the advocate of defendant can directly cross-examine the complainant. Pls clear such point according to law.
Anonymous
29 January 2012 at 13:05
Dear Experts,
Can counter cases - Perjury, malicious prosecution, defamation etc. be filed after the case against the accused has been quashed by high court ? Can quashing orders be taken as grounds for counter cases?
Please enlighten.
Thanks in advance !
Anonymous
29 January 2012 at 12:42
We submitted the detailed application to the commissioner office on 25th till now no action is taken they are telling us that they are forwarding and not giving further details.Our vehicle are still held up,please advise what further of steps we should take so that urgent action is taken by the police.This in continuation of the query which we posted on 25th and you all helped me.please udate what further we should do.
Thank you all.
with warmest regards
Anonymous
29 January 2012 at 10:18
1. I have filed a 138 cheque bouncing against a pvt. ltd. company which has 2 directors i.e A and B. Director B is abconding since 2 years and I have splited the case so i can proceed the case. Then does the liability of director A becomes half or is full.
2. I have traced the Director B, and is ready for settlement but A does not want to settle. If suppose I do settlement with director B out of court. what is the liablity of A, can I continue the case with A.
police came to native house to enquire about dowry incident happened on marriage date, statement where taken from my relative,
(they are not accused under 498a and they dont live with us). However when chargesheet is filed, their is no mention of them or our neighbour whose statement police took.
Does police have choice about selecting witeness, isnt it their duty to bring all fact to court.
in chargesheet is mention, my FIL has given me 4 lac in cash, statement vaildate by MIL and wife.
how can i prove it to be false, does statement by them count as evidence against me.
Can i file sec 482 cr.p.c at calcutta hc before lodging complaint?
Kindly guide me under following situation before lodging false complaint (498A etc.):
Can I file sec 482 Cr.P.C at Calcutta HC before lodging complaint?
1. Can pray for direction to local PS & CJM before arrest they must investigate in spirit of RCR order & subsequent pending execution case.
2. Can pray local PS & CJM before arrest must take leave from this Hon'ble HC.
3. Can pray for necessary direction to local PS for protection to the petitioner to file WS.
On the other hand by filing separate case can I approach HC for ultra-virus order in my special situation as Calcutta HC never allows AB (438) without FIR details?
Kindly guide me.