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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Advocate aslam   27 January 2012 at 16:48

Discharge under s.239 of crpc

hello sir

fir loadge of s. 143, 323, 332 of ipc.
In fir accused name is RAMANBHAI MOHANBHAI SONI but accused real name is RAMANBHAI SURESHBHAI SONI he was not present when offence was commited he said he is innocent.

police arrested RAMANBHAI SURESHBHAI SONI Insted of RAMANBHAI MOHANBHAI SONI.

police chargshited RAMANBHAI@MOHANBHAI@SURESHBHAI SONI.

Number of three witness said on his statement they saw RAMANBHAI MOHANBHAI SONI when offence happen.

ONLY DIFFERENT OF FATHER NAME

SO MY QUESTION IS THAT ACCUSED CAN DISCHARGE FROM THIS SECTION ?

ANY CITATION RELATED MY QUERY ?

Anonymous   27 January 2012 at 15:20

Section ni 138 - warrant

I have filed legal case of customer now i have got the warrant same was given to X city police

We have submitted the warrant at CP’s office

X city police has informed us that they have no force to send to Mumbai along with the accused. There are asking us to arrange Mumbai police force,
so that can handover the accused to them and do the needful

As per the warrant the accused has to be produced Metropolitan Magistrate Court, Mumbai.


pl suggest how to go further...

K G Srinivasan   27 January 2012 at 14:21

138 ni act

The complainant in the complaint filed in the court had not mention the cause of action and also had filed with the different Magistrate in the court which has no jurisdiction of the police station where the cause of action had taken place either of notice issued or accused address or complaint address or the banks. Is there any judgement to state that the complaint is infarious and to be dismissed? Can you please help?

Rajasekhar   27 January 2012 at 13:50

Suicide

My father helped accused no 1 by borrowing money from three people.accused no2 is one among those three people.my father asked the accused no 1 to return the money as the the people who gave money to my father through promissory note started asking the money back. accused no 1 tried to get rid of my father by placing some ganja in my house without the knowledge of my father and informing police.police took my father for interrogation and sent him back to home. my father committed suicide writing a letter to me and the police that he was falsely implicated in the ganja case and this is a planned act by accused no 1.my father mentioned that accused no1 is the directly responsible by placing ganja in the house and calling police and accused no 2 is indirectly responsible for his death for harrassing for money.now the case was registered under 306ipc r/w 34ipc.both the accused are out on bail. accused no 2 is pressuring me for a compromise.i am seeking advice.i am willing for compromise with accused no 2 who has only harrased my father asking for return of money.this incident happend 3 months back.police are yet to file the chargesheet.please help me.i am working in a private college in a neighbouring state. i cannot go to court frequently.and my health will not permit me for travelling.please suggest

Rajasekhar   27 January 2012 at 13:47

Suicide case for compromise

My father helped accused no 1 by borrowing money from three people.accused no2 is one among those three people.my father asked the accused no 1 to return the money as the the people who gave money to my father through promissory note started asking the money back. accused no 1 tried to get rid of my father by placing some ganja in my house without the knowledge of my father and informing police.police took my father for interrogation and sent him back to home. my father committed suicide writing a letter to me and the police that he was falsely implicated in the ganja case and this is a planned act by accused no 1.my father mentioned that accused no1 is the directly responsible by placing ganja in the house and calling police and accused no 2 is indirectly responsible for his death for harrassing for money.now the case was registered under 306ipc r/w 34ipc.both the accused are out on bail. accused no 2 is pressuring me for a compromise.i am seeking advice.i am willing for compromise with accused no 2 who has only harrased my father asking for return of money.this incident happend 3 months back.police are yet to file the chargesheet.please help me.i am working in a private college in a neighbouring state. i cannot go to court frequently.and my health will not permit me for travelling.please suggest.

Balaji Bakthavathsal   27 January 2012 at 12:06

Charge sheet without custodial enquiry

A FIR was filed by the Crime Branch Police in Tamil Nadu on a property grabbing case under the orders of the High Court of Chennai. Though it is more than two years, charge sheet was not filed till date. The first two persons of the prime accused were not called for enquiry and their statments not obtained till date. When the Inspector was approached and asked about the status of the FIR, he keeps on telling that the charge sheet is getting ready to be filed. Next week, next week... like this every time he is telling. My question is, whether the Inspector can file the Charge Sheet in the court with out calling the accused for an enquiry and without obtaining the written statment from the accused ? Will it stand in the court ?

Krishnaraj   27 January 2012 at 10:51

Can i approach consumer court ?

Dear Experts Kindly answer..

I have given my Car for service with one local mechanical person, and fixed a price of Rs-14,000 and with the commitment of delivery of car within ONE WEEK. however, even after THREE AND HALF months he has failed to delivery the car after many repeated calls and visit to his garage.
Now I have lodged a complaint in the police station, and S.I called the mechanic and he said he will deliver the car within 2 days and the BILL has gone up to Rs-28,000.00 He has changed and replace many parts without my knowledge and raised the bill from Rs-14,000 to 28,000 without intimating to me.
I have suffered a lot during this three and half months without the car and undergone lot of expenses towards travelling in auto rickshaw. Police asking me to pay Rs-28000 which he is cost of repair and take the Car. However he has agreed for 14,000 and without my knowledge now demanding Rs-28,000 which is Unacceptable. How do i need to proceed with this. Can i register a complaint in CONSUMER COURT. IF yes WHAT IS THE PROCEDURE for the same. Kindly advice

Anonymous   27 January 2012 at 10:15

Query in ni act

a bounced cheque how many times represent for collection? any latest RBI ruling regarding this?

Anonymous   26 January 2012 at 22:18

Credit card

I have HDFC credit card. had asked for settlement but they always told me to pay the amount and then they will issue a settlement letter. I never agreed to it once i did pay them 3k but did not receive any letter after a year they came bk to me again made calls on my office landline never called me on my mobile i did not ans. the calls and told my office security that i was not in ogffice but called them bk from my mobile but still they went on pestering me abusing me and continously called on my off land line even shouted on my security gaurd i have sent mails to there credit card office in mumbai and chenni informing them of the situation i also asked them for settlement in the loan. they agreed for the settlemet of 5ok but still there were continous calls from the recovery. I gave them a 1st chq of 15 k and the same day i lost my job because the security complained about the calls to my head off. i had to resign. I signed the settlement letter but was not able to pay the rest amount nor i have given them any chq other thabn the 1st chq of 15k which i cleared. now i have received a letter from there lawyer that they will not give any further settlement, and i am fraud and they vl log cases on me for civil and criminal action. I have not replied to them. please guide. During this time I was asked to resign by co. with immediate effect my boss told me he will tk care of the formalities and no need of giving notice the hr told me my leave will be encashed during F&F. but in F&F they adjusted my leave of 24days towards settlement. I sent a mail to the hr to reply if the notice perod is 30 days why only 24 days were adjusted and why i was not informed of the same. IT is 5months but i have not received any reply. Please let me know what should i do.

sridhar pasumarthy   26 January 2012 at 18:10

Release of a person in judicial custody

Dear Experts,

In a cheque dishonour case, an advocate commissioner was appointed for execution of NBW against the accused. The advocate commissioner arrested the accused and produced before the judicial magistrate and the accused was remanded to judicial custody till 3-2-2012.

Soon after his remand, the relatives of the accused paid the cheque amount to the complainant and compromised the issue.

The next day, the counsel for complainant filed a petition u/s 257 cr.p.c. for permission to withdraw the complaint and to release the accused. But, the magistrate refused to do so.

Another fact is that no sureties are available for the accused to apply for bail. Magistrate was not pleased to release on self bond.

What is the remedy for the accused?

It's urgent pls.