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

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alleged   24 November 2011 at 20:19

Scope of enquiry by police in a reported offence

When a Victim in person discloses a cognizable offence to police, what is the scope of further enquiry in the matter by police ?

(Usually police defers the matter on account of enquiry even, when victim approaches in person)

alleged   24 November 2011 at 20:15

Justification of status report by police

Client makes a complaint before M.M.and submits that no FIR was registered at all by police and prays for the same through 156(3).

(needless to say that any investigation can be carried out only after registration of the case)

Even then usually M.M.'s call upon status reports fron police in each & every case.

1.Why is it so ?

2.Can a status report be filed by police, while no case had been registered ?

3.Can we go for a revision against such order of M.M, if police is deferring and dragging the initial hearings by not submitting the status report in a case, where no FIR was lodged at all ?

4.What status can be filed in such cases, where no action was taken by police and what is the justification behind calling for such status reports, if complainant specifically discloses inaction by police ?

(a copy of FIR is to be supplied in case of registration of FIR)

dev kapoor   24 November 2011 at 18:40

Bail

Hello Sirs,
Could you please find me some law/jujmnts that 'a private complainant in a state case can oppose the BAIL APPLICATION in a state case,moved by the accused'?
Regards !

Anonymous   24 November 2011 at 17:56

Attrocities act case

sir i am working as a govt servant one of my superiors is threatening me to sue me under the SC/ST attrocities act and saying i will fabricate case against you that you have insulted me in front of so and so and he willbe witness and you will be arrested and you will be suspended from job and put to lat of hrdship. i would like to seek anticipatory bail is this possible can i also claim immune from attrocities as my marraige is intercaste to establish that i have no caste differences and he is making false complaint what is the way out. how to avoid arrest can anyone please suggest as the threat is looming large

Anonymous   24 November 2011 at 15:35

Final settlement and divorce

My wife had filed a false FIR against me and my parents for dowry harrasment .During Police mediation we reached a settlement
of 20 lakhs ,so that police will not chargesheet me .Meanwhile in the family court we have agreed for mutual seperation and mentioned
that settlement amount in the agreement.

Her lawyer says that after we get the divorce , they will ask the police to file a B report and in that they would mention that
me and my parents are acquitted . They say that would be enough and now a days if we go to courts also , the judge is asking to
to file a B report and close the FIR rather quashing it in the high court.

Is this a correct approach or I am being conned once again by my greedy wife and her lawyer ? Please clarify.

Anonymous   24 November 2011 at 13:01

False cheque bouncing case

sir , a cheque was stopped payment by the drawer since there was no obligation towards the payee anymore since deal did not happen . Payee told that cheque is misplaced and did not return the cheque and asked the drawer to stop payment . Drawer asked bank to stop payment on the cheque . after 2 months , surprisingly , the payee deposited teh cheque and it ws retd by the bank as : Payment stopped by the drawer . .The payee lodged case u/s 138 of NI act and the drawee is now harassed since payee lodged case 500 km away. I understand that criminal proceedings u/s 138 arise only if cheque is returned as : Funds insufficient and NOT if cheque is marked for stop payment . please advise.

CitizenInsignificant   24 November 2011 at 12:18

Offender drawing ludicrous cartoons of lord krishna

What punishment is laid there in law for an offender making ludicrous cartoons of Lord Krishna and taunting His godly legend in a derisive manner?

Pranav S. Thakkar   24 November 2011 at 08:43

Can private bank or finance company keep cheque as security deposit?

Here, The dishonour of cheque is the metter. The finance Company had given vehicle loan against cheques of Security Deposit. The comsumer had paid 26 installments regular. Thenafter he did not want to keep that vehicle and wanted to submit that vehicle back to company. But company refused to get back and snatch the vehicle from the comsumer. So, He sold it, coz he needed to sell and repay the remaining loan amount. But the dealer of vehicle where the comsumer had sold vehicle got possesion but did not gave money back. here, that finance company filled amount which was remained in that Security deposit cheque and the cheque is returned. Now, comsumer who is my client is as accused of case regarding Section 138 of the Negotiable Instrument Act,1881.

guide me by judgments regarding this issue to save my client who is accused, please!

Anonymous   23 November 2011 at 23:41

498a - false complaint

Hi

My wife had given complaint against me for booking me U/S 498a, 406 etc.

I am done with CAW cell inquiry and the report is in my favor that there has been no dowry demand etc but regarding her other alleged claim that her valuable things and ornaments are with me. CAW cell has written in the report that we both are allegating each other for those things and they are unsure with whom things are.

This report has been forwarded to SP office.

Believe, now SP will call both of us.

Kindly let me know that after CAW cell, what will be the role of SP office now.

Believe, I have escaped 498a but what about 406 or her false claims that her costly things are lying with me and i am not returning same.

Can i be arrested U/S 406 for above false charge.

What will be the course of action after clean report from CAW cell. Kindly guide.


J.Peter Rajamanickam   23 November 2011 at 23:18

How to prove a forged signature?

I suspect that the receipt signature in the summons issued to the labourer in "138 case" is forged. As per court procedure, who should certify that the signature is forgery?