De facto complainant deposed before the court that F.I.S given with his daughter after school time at 4 P.M. But F.I.S shows that was recorded at 11 AM How the defense can utilize the aspect.
Anonymous
04 November 2011 at 22:27
sir,
mat education qualification is sslc , i was working in one finance last year i resigned the job went back to my home town to do family business.
now finance manager filed police complaint alleging that in my tenure i had committed 5 lakh Rs misappropriation , which is false ,
now i want to file application for anticipatory bail
my question is can i get anticipatory bail, if yes on what grounds i have ask the bail ,
i will hire the lawyer ,but i want to know under what condition i can get bail , i was only working as office boy i didt have any responsibility at all .
please give the advice
Anonymous
04 November 2011 at 19:15
how to file a complaint as per s182 of ipc can we give in our complaint to book under s182 or the decision rests with the police or should the judge direct the police can anyone please suggest and advise
R/Members
An Accused was arrested in a case us 307 ipc and was sent to judicial custody for 14 days as the case was under investigation but he was not produced in the court by jail authority/police after 14 days of judicial custody..what is effect of non production,,is accused entitled for bail on this ground.Help plz
Regards
Vinod Bansal Adv
Anonymous
04 November 2011 at 19:04
R/Experts
I Had filed a complaint us 138 NI Act,thereafter accused appeared and released on bail,when the case was fixed for final arguments ,accused absented and NBW were issued against him,but accused could not came present before court ,thereafter court start proceedings us 82/83 Crpc and issued written proclamation against accused,ultimately accused was declared proclaimed offender (PO) and complaint us 138 NI Act was consigned sine die. Now i want to lodge FIR us 174 A IPC against accused Proclaimed Offender declared in complaint case us 138 NI Act ,i want to know is it permissible or not,if yes than i have to file crl complaint in the court or i have to approach police station directly,kindly help.Regards
Satyawan
jai Prakash Joshi
04 November 2011 at 17:22
Res Sir,
A company agent received installment amount from borrower on behalf of company. but failed to deposit amount with company and that agent utilized for personal gain.
plz guide me in which sec present FIR and what can do and if any draft Complainant plz guide me.
Thanks
With Warm Regard
J P Joshi
Advocate
Anonymous
04 November 2011 at 13:55
sir,
we are having a property dispute since 2005 with my chachi(aunt).She filed
(1)A civil suite against my father and my father's elder brother in 2005 regarding the same property(family property) in 2005 (which is still pending) and we got interim relief from the court.
(2) then she filed a case under sec498A against my family and grandparents which got quashed through High Court in 2008.
(3)Then she a filed another civil suite against my father and my grand parents for a shop which is in my grand mothers name to get the share in shop in 2007.
(4) now as we are living on the 1st floor of the disputed property and she on ground floor, she has filed a false criminal case against my father, mother, myself, and my sister.we have received a summon from court to apperar on 3rd december 2011 and are charged under s/c ipc308.
now what to do to proceed against this false criminal case and what would be the procedure of the court and do we require to apply for bail or not.please reply and if possible give ur contact no.
VISHNU
04 November 2011 at 13:36
sir
1. In an news, event my shyam being a married person agaub got married with another lady without obtaining divorce from previous wife. Police registred a case against Mr Shyam and his new illegal wife. Is case is maintainable under cr. law? case law settled in this respect
Anonymous
04 November 2011 at 11:51
Dear all,
1. My niece had applied for an Indian Passport under Tatkal scheme at RPO, Lucknow on 27 May 11.
2. Along with her said application, a valid verification certificate by a gazetted officer of appropriate rank had also been submitted.
3. When she did not receive her passport for two months, I took up the case with RPO, Lucknow. He refused to entertail any query on phone and insisted that someone visited his office.
4. A relative was sent to his office, but he was sent back to return later. This was repeated a number of times.
5. An email complaint was lodged with JS CPO and APO PG (Public Grievance) at MEA, New Delhi.
6. The exchange of emails between MEA depts continued incessantly along with my repeated reminders for the reason for the delay in issue of the passport. After my last reminder on 02 Nov 11, the passport was dispatched on the same date by Dy RPO, Lucknow, after he received a call from the office of the JS CPO.
7. In the entire process, no official communication was ever received from any passport office regarding any cross verification by the officer who verified the applicant's orig appln, or any reasons for the delay. No written communication from the subject govt dept.
8. The efforts to elicit the reasons for the excessive delay in the issue pf the passport have failed. The PA to JS CPO has repeatedly blocked access to the JS; and RPO, Lucknow refuses to come on phone. Email queries are not replied directly.
9. It may also be noted that bribes were taken from the applicant at each step in the entire process (without my knowledge). The steps involved Police Verification at home district, LIU Report at Lucknow, Police Verification (Foreign Citizens Registration Dept) at Allahabad etc.
10. What should be done to correct the system ? Can any action be taken against the persons involved in the process ?
Can a accused appeal if magistrate orders reinvestigation of fir when police submitted cancellation
My Brother is running a Coaching centre & one of the students father filed a complaint against him for fraudulently taking Rs5 Lacs for sending his daughter abroad. The complaint was completely false & baseless So the Police Cancelled the complaint after enquiry. After 1 month of Cancellation of the complaint,the complainant got the complaint reopened by Political links/Other means & this case was again Reinvestigated. During Reinvestigation my Brother was not even called for his statement & after 2 months of Reinvestigation Police registered a FIR & Booked my Brother under Section 420 IPC.
By a lot of efforts interference by local media SSP marked the Reinvestigation of FIR. SP(D) & SP(HQ) investigated & found my brother innocent in their Reports( During the reinvestigation by SP, the comaplainant was called and his statement as well as the statement of my brother was taken) & on the basis of these Reports, SHO submitted a Unntraced Report under Section 173 IPC. On the basis of that Report SSP submitted a Cancellation Report to Magistrate.
Magistrate sent the summons to the complainant & summons were returned as such as the complainant has changed his address and nobody in his locality is telling his present address.
Due to this the Magistrate ordered Reinvestigation to the Police on the plea that if the complainant is not residing at the given address, then he has not joined the reinvestigation & order also reads that why SHO has submitted Untraced report when accused is named in FIR.
Now the thing is, Magistrate didnt look the complete File as the complainant did take part in the reinvestigation & even gave his statement that is present in File & in the Report by SP. SHO submitted the untraced Report to SSP Who submitted a Cancellation/Untraced Report to magistrate.
My Brother is sufferinf for last 1 year, he was implicated in a false case. Due to media awareness he was not arrested & he didnt even took a bail as reinvestigation was marked. HE HAS SEEN A PRETTY BAD TIME DEALING WITH THE POLICE DURING REINVESTIGATION.
HE HAS BEEN PROVED INNOCENT IN ALL THE 3 INVESTIGATIONS BY THE POLICE. HE IS NOT IN POSITION TO JOIN ANY INVESTIGATIONM AGAIN, SO PLEASE GUIDE IF HE HAS THE RIGHT TO APPEAL TO SESSIONS JUDGE WHO IS SENIOR TO THE MAGISTRATE WHO ORDERED REINVESTIGATION EVEN WITHOUT LOOKING AT THE FILE & Is their any such similar case in the past for Reference. Please help