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

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Anonymous   09 January 2012 at 16:33

Cheque bounce

I had filled cheque bounce case against one of my friend, who had taken cash from me for Rs 50,000/-, after repeated follow ups, he gave the cheque to me of INR 50000/- WHICH BOUNCED due to account closed, in the court he told judge that the cheque was not his but said that account had been closed. More than that he also said he would not have any lawyer.
Last hearing Judge was little linient and has told him to have Lawyer. In such cases does lawyer on side of accused side after listening to his story try and tell the accused to settle or fight it out. Also if accused does not do the lawyer by next hearing what is the punsishement?

wifebetrayed   09 January 2012 at 15:54

Crpc 91

hi member
FIR was filed in feb 2010, i have been informed chargesheet has been filed. I would get copy of chargesheet by next week.
As of now, I have not received summon from either court or police, but lawyer say case is due mid of feb.
I wanted to file CRPC for below document on date of framing charges, is it possible or I need to wait till evidence stage.

Document are

Details of ticket booked her parents
Details of discusion in conselling in hosiptial, that was last time husband and wife met.

It would prove she has came with unclean hand.

Anonymous   09 January 2012 at 13:43

Treasure trove permission

Which is the concerned department at the district magistrate office to apply for the permission of treasure trove.

Anonymous   09 January 2012 at 13:42

Treasure trove permission

Which is the concerned department at the district magistrate office to apply for the permission of treasure trove.

wifebetrayed   09 January 2012 at 11:59

Rti to police

Hi member

I would receive copy of my chargesheet copy in near future,
as per my understanding chargesheet is based on investigation done by IO.

Can i request information from IO regarding investigation done and reason for inclusion or exclusion of witeness for a certain eveidence.

for example, he has question my relative about the charge the there was quarael on marriage cermoney, where i am charge of asking dowry in front of everyone.

In short, can i get information regarding investigation doen by IO and reason why he has chose to ignore certain statement of witeness who are not charged of any crime.

Anonymous   09 January 2012 at 11:31

Section ni 138 - warrant/settlement

court has issued warrant in name of the accused of Ranchi .. when accused heard about warrant he said he wants to settle with us as complaintaent is of mumbai requessted us not to give warrant to Ranchi police he issued us 20K chq and will issue balance chqs before the next hearing. my query is

1. if we do not process the warrant and get the chqs.in hand does have any implications

2. if the these chqs return then.

3. what i have to produce in court on next hearing.

Anonymous   09 January 2012 at 11:11

Section ni 138 -(mm)

I have filed a legal case in 2009,in Mumbai the accused based in Chandigarh i have send the 1st warrant on 2010 to Chandigarh, but police report says he does not stay in Chandigardh any more

we are tracking him day and night but could not hold of him, last month MM has given us final hearing date to trace him or will disposed our case. how to keep the case live. is there any such hearings to keep the case alive.

wifebetrayed   09 January 2012 at 00:04

Any use of such rti ,????? would police give info or they can deny the same

Application for obtaining information under the Right to Information Act, 2005

From:
(Your Name and Adress)

To:
Public Information Officer
O/o SSP
XYZ CITY

Reference : FIR No —–Dated—– at XYZ Police Station

Respected Sir,

Subject: Particulars of Information Required on Cr.No:XXYY/2009

1. Please provide me the Station Diary / Police diary and Roll Call of Cr.No: XXYY/2009 starting from dd/mm/yyy to dd/mm/yyyy and the entire case dairy details (communication docs between I.O, Inspector of Police and ACP).

2. Please supply me information on date, time & place of crime happened.

3. Please provide me I.O details, date, time & place of investigation.

4. As per the complainant statement, she left matrimonial house on —– due to harassment, please supply the address and time of the incident.

5. Please supply me Cr.No: XYZ/2009 Investigation/enquiry details (happened at crime place, ).

6. Please provide me Cr.No: XYX/2009 case certified FIR copy, documentary evidences collected & Charge Sheet.

7. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Miyapur for the allegations happened at Miyapur).

8. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Dilsuknagar for the allegations happened at Dilsuknagar).

9. Please supply me information which are the allegations happened at Dilsuknagar.

10. As per the complainant’s statement, they gave 2 plots, 11 lacks rupees cash and 40 tulas gold. Please provide those 2 plots details given and the date of transfer of property and documentary evidences collected by Investigation officer.

11. Please provide the documentary evidences or bank statements for the transaction of 11 lakhs amount.

12. Please provide documentary evidences or receipts for 40 tulas Gold and on which date they have given to accused.

13. Certified copy of complainant’s medical or hospital records showing the physical harassment.

14. Please supply me information on when Mr.FIL came to know about the incident (time, place and through which media).

15. Kindly supply information under which sections of the Cr.P.C, the investigation is carried out at Dilsukh Nagar.

16. As per Cr.P.C- 177 to 181, investigation on the crime should have happened at the crime place (in the present case crime place is Miyapur). Please provide me details whether this investigation is done as per the legal procedure.

17. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR. xyz/2009.

18. As per complaint, it is stated that my family members instigated me to demand dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my family members. If answer is YES, please provide the supporting reference docs for the same.

19. All the allegations reported on accused persons happened at Miyapur. For the investigation on the crime happened outside your FIR registered PS limits, needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Please supply me the permission received from Honorable Court by the investigation team to continue their investigation.

20. Kindly supply me information on the legal Act with section (sub-section if any) under which Saroor Nagar PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No.xyz/2009 happened at Miyapur.

21. As per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is given at the time of marriage. Giving dowry and abetting giving dowry is also crime. Kindly supply information why police did not register the case against these persons.

22. Kindly provide me information on not collecting the neighbor’s statements at my house, Miyapur, Hyderabad.

23. Please supply me information when I.O met (date, time and place) my sister, brother, parents and relatives (accused) and informed (with which medium) about the allegations on them during the investigation.

24. Please supply me the details of people with whom I.O met during his/her investigation.

25. Please supply me information why the complainant delayed to report the crime on May-15th 2008.

26. Please supply me the documentary evidences supporting the crime by my relatives.

27. Please send me the details (with bills) of the furniture that the complainant gave to us.

28. Please specify the duration of stay of the complainant with my family at Miyapur and also specify the address of stay.

29. Does any proof submitted to the police that show complainant lived with us.

30. Complainant’s maternity uncle Mr. BOBBA Reddy says that 1 lack rupees dowry given at the time of marriage. Her mother says 11 lacks dowry given. Which statement is considered to be true by the I.O before filing the charge sheet?

31. Does the I.O have given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court? Please supply me the supporting evidence.

32. Please provide me why I.O not interested to collect the statements from neighbors at Miyapur.
33. Does it require collecting the statements from the neighbors at Miyapur?
34. Please supply me information on “Jurisdiction” of PS in dealing the criminal cases.
35. Does your PS have the jurisdiction to file the charge sheet?
36. Does it required to inform the accused persons about the allegations on them. If answer is yes, does it happen in this case?
37. Do you admit that I.O failed to transfer the case to the respective PS, which has jurisdiction to entertain the case?

Please provide me information on the above mentioned. For any particular item above if information is not available, kindly inform me why that particular item details were not available. If any of the above items is not understood kindly let me know, for rest of the items please send me the information.

Information required: Through Registered Post

Whether the applicant is below poverty line : No

Language demanded (U/s 6(1) of the RTI Act 2005): English

I.P.O (for Rs. 10/-) No:
In case the subject matter /any of the information is held by / related to another public authority, You are requested to transfer the application or such part of it as may be appropriate to that other Public authority with intimation to the undersigned (Section 6(3) of RTI Act).

Place:

Date: Signature

1. I have given a petition dated ——- requesting my wife to join matrimonial life, why IO did not disclosed that information in the Charge sheet or did not present it to the Honourable court.

2. Complainant and her parents very well knows about this petition for reqest to join marital life and in reply to that she denied to join marital life, but nowhere they mentioned about this in the FIR. Why the investigation officer did not disclosed this information in the charge sheet.

(This are Sample questions, you can change / add as per your situation)

Anonymous   08 January 2012 at 20:35

Whether a person appionted on contract be a public officer?

facts- State govt of rajasthan has made appiontment of PCPNDT COORDINATORS on contract basis (most of Law Graduate) for the implementation of PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC (PROHIBITION OF SEX SELECTION) ACT, 1994 in each district. their main duty is to implement the Act in the entire distrit and provide Legal opinion relating to said Act.(nature of work like officer)
As per the provision of the Act,private person can file complaint in the court.
IN some cases Appropriate Authority appionted under the Act authorise PCPNDT COORDINATORS to file complaint on their behalf in the court as per section 28 of the Act.
as per provision of Act only authorised officer can file complaint in the court.
issue is that: whether a person appointed on contract basis be a public officer and assigned power to file complaint in the court on the behalf of Appropriate authority? (if any case law of high court/ supreme court on this point plz mention cition)

aman   08 January 2012 at 20:20

Districtattorney rejec the police re enquiry if ssp comment on remove name of person , i agree with

. sir da has any power for rejecting enquiy report. if yes then ssp comment on enquiry remove her name then da do or not . suppose name is remove from challan on the basis of police report. then can judge order to call me anytime. on ( other criminals sheets or bayan) but if complaitenet sheet on police report he is not the person which is involve.. then if judge caal me what can we do ???