Y. T. R. Rao, Advocate, VIZAG
22 November 2011 at 23:07
SIR! CAN I SEEK RELIEF IN ANCIPATORY BAIL TO GET SURRENDER IN REMAND COURT?
alleged
22 November 2011 at 21:39
In this case one victim has filed complaint before M.M. under 156(3)/200 crpc and other has filed petition under 482 before High Court for registration of FIR straight away.
Can two victims of a crime, file seperate petitions/complaints before different courts ?
Whether, the petition under 482 filed by second victim is maintainable ?
What, if both victims succeed in their respective petitions by obtaining directions for registration of FIR ? How will the police deal with the matter ?
Anonymous
22 November 2011 at 21:22
A bogus company while proceeding against it in criminal proceedings submits photocopy of an audit report in his defence . But when put to verification, auditor denied his signatures on the report. Investigating Officer wishes to get opinion of Hand writting Expert regarding signature. Now advice, what is the value and significance of Hand writting expert's opinion. whether H.W. experts opinion is possible on photocopy basis. Auditor fears that H.W. experts opinion may go against him because his signatures have been very cleverly fabricated/ copied.
alleged
22 November 2011 at 21:18
Under which special circumstances, the court can prepone the date of hearing of a case?
(However, as per code, the case must be heard in day to day proceedings)
DJPoint
22 November 2011 at 21:12
Person A stole three empty cheques from person B's chequebook on 2nd June. Person B came to know of the theft of cheques from his chequebook on 3rd June, and he immediately called his bank and cancelled his whole chequebook. The bank issued stop payment order on all cheques of the chequebook of person B.
Now on 6th June, person A who had stolen cheques called person B to his office and on gun point asked him to fill the 3 cheques with 3 different amounts, and sign them, and also asked him to fill a pronote for the combined amount of 2 cheques, and threatened that if he, person B, told anyone about this incident his family would be harmed. The pronote didn't have any stamps on it.
Since there was a serious threat of grave danger to his family, person B didn't tell anyone about that incident.
Then after two and a half months, person A demanded money in blackmailing to person B, and when person B refused, then person A went to the bank of person B at area C, and presented the cheque and bank attached slip with it giving the reason of "stop payment". Person A then went to his local police station at area C, and got registered FIR for the dishonour of cheque.
Police told person B about the FIR, and he got pre-arrest bail from the Court.
After one month, person A then went to area D, and there opened a new account, and deposited the 2nd stolen cheque, and that bank of area D attached "stop payment" reason in the slip with the cheque. Person A then went to area D police station and got registered 2nd FIR.
Person B then handed himself to area D police who first handed him back to area C police for the investigation of first FIR there, after which he was sent on judicial remand by the area C magistrate. Investigating Officer of area C police submitted in his report that the person B was innocent, and that the Complainant, person A, was unable to prove that he had given the money to person B which was on 1st cheque.
Then police from area D got person B's remand from jail, and the Investigating Officer of that area police also found him innocent as the person A was unable to prove that he had given those amounts which was on the 2nd cheque to the accused person B.
The witnesses presented by the person A against person B told police in both cases that they had not seen person A giving money to person B, the accused. Only the younger brother of person A, the Complainant, told police that he had seen his brother, person A, giving money to person B.
After few months, person B got his first post arrest bail in first case from the court.
Then person A applied for reinvestigation of first case that was registered in area C, giving the reason that Investigating Officer had been biased towards the accused, and that he was working with the accused person B.
A DSP was appointed to re-investigate. The accused was at that time in jail. The accused recorded his statement infront of the assistant of the DSP, and DSP then kept on doing investigation, and recorded statements of person A's younger brother, who, told that he had seen person B, the accused getting money from his brother, person A, the Complainant. The 2nd witness was an office boy of person A, who said that he doesn't know the exact amount but person B used to come and take money from person A.
Based upon these statements and that the signatures on the both cheques were genuine, he declared person B as guilty, and sent supplementary challan in the first case. The DSP had not asked the accused who at that time was in jail to prove his case, nor the DSP asked the Complainant to prove that he had that money before with him that he had given to person B.
Then after one month, in 2nd case that had been registered in area D, the accused, person B, got his post arrest bail from High Court, where the judge during the proceedings remarked that 2nd case was registered due to malafide intention, since two cheques belonged to one transaction, so both cheques should have gone in first FIR, or both FIR's should have been registered in area C.
Both cases are now in trial court for the past 5 months, and no evidence has yet been recorded.
Now please tell me what remedies can accuse now avail? Should he go for acquittal under CrPC, or should he apply for quashing of 2nd FIR, or both FIRs?
What do you suggest he should do? What are his options?
Thanks
francis
22 November 2011 at 18:05
i hav purchased furniture worth 20000 from my friends shop,i gave him a post dated cheque,he deliverd the furniture to my house without informimg me,i was at work, the transport was sent from his end,the furniture was damaged while shifting to my flat,my wife was phoning the owner to tell him that the furniture has been damaged,but he didnt pick up the call,the next day again we phoned to tell that the furniture is damaged,the owners son told that his brothers son is serious as he fell on his head,so we didnt phone for 3 to 5 days,we then phone later,the owner said that he will come to see the furniture but he didnt turn up,i then told that we dont want the furniture then he came the next day,he say the furniture and told that it is not his mistake for the damage it is the delivery people fault,but we told him that you had sent the transport from your end,and we paid him 700 rs for the transport,seeing my wife they fooled my wife and went.....a show case , small table and a sofa set was taken......the show case draw has been damaged and the sofa set the wood is not of sagwan,he showed us sagwan and gave us a cheap quality sofa set........we told him about it we even told that we are ready to take the showcase but not the sofa set,he is not agreeing so i told him to take the furniture back.....i have put a stop to the cheque .................what can be done this guy fooled me, and he sent the furniture behind my back,so it was easy for him to fool my wife...........he is not ready to compromise then why should i, why should i pay for damage furniture and for the sofa set which is not sagwan.............he has not given me also a receipt after giving him the cheque...
LET THE STEP THAT IS TO BE TAKEN PLS....THANK YOU
Anonymous
22 November 2011 at 16:17
A case is decreed against me and infavour of wakf board in the year 1967 and 1968.Today plaintiff wakf board appeared before DSP for possession.DSP asked the wakf authority to file warrant of possession in the court to take possession of wakf property.Pls guide me whether court can issue warrant of possession against me
Anonymous
22 November 2011 at 11:47
what is the definition of police in india.if any act define the term police in india.
rana ali
22 November 2011 at 10:16
Dear Sir
I belong to haryana. please guide me in my satuation i.e. as under.
Mare parents ka or mare uncle ka land ka lake jagda chal raha hai. mare uncle nai baher se ladko ko bulakae mare ghar par atteck kar diya or mare parents and sisters ko bahi chot pahuncha di hai. hamne police mai FIR ki ahi but police positive response nahi de rahi hai. Fir uncle nai medical karwake hamre hi khilap case ki kosis kar raha hai. muje lagat hai police v uska sath de rahi hai. is condtion mai mai kaya karu muje kuch v samj mai nahi aa raha hai....
Plz suggest me...
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Land grabbing
I AM 69 YEARS OLD AGED PERSON CURRENTLY RESIDING AT TIRUPUR.
I AM HAVING MY ANCESTRAL PROPERTY LAND AT TIRUPUR PRIME LOCALITY AREA. FOR 11 MONTHS LEASE PERIOD THIS LAND WITH SHED WAS GIVEN TO RUN A BUSINESS TO WHOLESALE FRUIT MERCHANT (ADVANCE ONE LAKH AND RENT RS.8000/-) AS PER LEASE AGREEMENT DATED 15MAY2009 WHILE GIVING RENT HE HAS TO GET RECEIPT FOR RENT PAYMENT.
BUT AFTER OCCUPYING THIS PROPERTY IN THE MONTH OF MAY 2009, THIS TENANT HAS NOT PAID SINGLE MONTH RENT, WHENEVER I DEMAND RENT HE TOLD US HE WILL VACATE THE LAND IMMEDIATELY AFTER THE LEASE PERIOD. FINALLY AFTER EXPIRING OF LEASE PERIOD I ISSUED LEGAL NOTICE TO VACATE THE PROPERTY ON 30.04.2010.
BUT THIS TENANT WENT ON POSTPONING THE ISSUE UPTO 15 MONTHS.(EXCLUDING LEASE PERIOD)
IT CAME TO OUR KNOWLEDGE THAT ONE CRIMINAL CASE UNDER SECTION 302 IPC IS ALSO PENDING AGAINST HIM. NOW HE IS THREATENING TO SELL THIS PROPERTY TO HIM.
I LODGED POLICE COMPLAINT WITH TIRUPUR SUPERINTENDENT OF POLICE ON 07.10.2011 VIDE COMPLAINT NO.3455. AND I WAS DIRECTED TO APPROACH LAND GRABBING CELL. SUBSEQUENTLY I MET LAND GRABBING CELL. BUT INSPITE OF SEVERAL VISITS TO LAND GRABBING CELL,THERE WAS NO PROPER ACTION. BUT THESE POLICE PEOPLE COLLUDED WITH MY TENANT AND THEY HAVE NOT TAKEN ANY ACTION EVEN AFTER ONE MONTH. AFTER LODGING POLICE COMPLAINT MY TENANT APPROACHED CIVIL COURT ON 28.10.2011 TO GET INJUCTION ORDER. BUT HONBLE COURT HAS NOT GIVEN INJUCTION ORDER.
NOW YESTERDAY I WENT TO CELL, I MET POLICE OFFICER, AFTER GIVING LOT OF PRESSURE THEY CALLED MY TENANT AND ENQUIRED THIS ISSUE FOR FORMALITY SAKE. AND POLICE OFFICIALS ARE SAYING THAT WE ARE HELPLESS SINCE THIS MATTER IS PENDING WITH CIVIL COURT.
LATER IT CAME TO KNOW THAT,THEY ONLY HELPED AND ADVISED HIM TO GET INJUCTION ORDER FROM COURT. TILL SUCH TIME THEY KEPT THIS COMPLAINT PENDING FOR MORE THAN ONE MONTH. HOWEVER COURT HAS NOT GRANTED ANY ORDER.
IN THIS SITUTION, KINDLY SUGGEST ME WITHOUT PAYING A RENT WHETHER MY TENTANT ABLE TO GET INJUCTION ORDER?
IS THERE ANY COURT JUDGEMENTS AVAILABLE TO VACATE THIS MERCHANT. PLEASE SUGGEST ME IN THIS REGARD.