I had given the status of my case vide my query dated 26.03.2011 and further submit that in the last week's hearing the court has been told by the public prosecutor that they intend withdrawing the case as they do not have documents. The actual submission in writing is still to be done and in the mean time can anybody tell the effect of such withdrawal on the case and if acqitted in such circumstances my recourse to the claim on promotion from the Bank. Tks
my mother was murdered by my neighbourer in u.p and now the accused has won the case.so I want to appeal(private appeal) IN LUCKNOW HIGH COURT.so I want to know that what is the time limitation for private appeal in lucknow high court under section 372
is it possible to file an application to discharge the accused U/s 245 of Cr.P.C for an offence U/s 138 of NI act ? whether it applicable only to warrant cases only ? are there an exceptions ?
Anonymous
16 October 2011 at 09:55
138 case. 5 accused, a,b,c,d,e. 'a' is the company all others are cheque signatories. 'b' got stay of the proceedings from the High Court and his appearance is dispensed. During the stay period, c,d filed 317, 'e' not filed 317. warrant ordered on 'e'.
Complainant not filed process for obtaining warrant, even after three hearings.
After the warrant is ordered, without knowing this 'e' filed 317 in the next hearing. Magistrate refused to entertain 317 stating warrant pending.
Now my query is:-
1.Process not filed by the complainant for three hearings. Is there any time limit for remitting process?
2. If the process is not filed whether the magistrate order of warrant will lapse?
3. Whether 317 can be entertained?
4. Whether magistrate is having power to issue warrant even without remitting process fee by the complainant?
5. While the case is stayed, is it necessary for the accused to appear?
Anonymous
15 October 2011 at 21:24
a girl is 19 years, b boy is 25 years, b who is ruffian, antisocial,confirmed drinker,b entice her and coax and keep him away from her parrents coustody, a girl family is well known family, her parrents approach police but pollice says that they cant interfear without court's order. what parrents apply in the court u/s crpc 98? or any other leagle remedy for their girl's coustody?
Anonymous
15 October 2011 at 21:06
Respected Sirs,
My son was assaulted and a criminal case of IPC 324 was registered against the accused.
Now the case has come up for producing material evidence and other witnesses if any into the court in the month of Nov' 2011 in relation to the criminal case.
My doubt is:
1. I have taken pictures while the assault took place - Can I produce the pictures as evidence?
2. In another civil case the father of the accused has deposed in his cross examination that it was true that his son had assaulted my son. - Can certified copies of this deposition be produced as evidence in this particular criminal case.
Pl clarify and advice me how to produce in the criminal case.
Thanks Sirs.
Anonymous
15 October 2011 at 20:26
Private complaint. IPC 409, 420.
Accused summoned. Not appeared, NBW ordered, on accused petition high court ordered to surrender before the magistrate, accused surrendered and got bail.
Accused is tampering witnesses. Now the complainant wants to cancel his bail. Who is the authority magistrate or High court?
Criminal tresspass
there is a piece of agriculture land around 90 acre jointly held by various co owner, demarketion not done due to this one is unable to say who is owner of which piece of land. A , B and C three brother encroach one acre of land jointlyand constructed boundry wall.owner did not lodged any complaint. after 4-5 yrs. disput between these three brothers[encroacher] arises and one of then say C along with his friends S and T bought ownership title of this land through registerd sale deed and c along with s and t [who are now registerd owners]try to disposses A and B, . a free fight occured between them. both the party loged fir alleging criminal trespass. as per law who should be procecuted for criminal tresspass .or no one.