Anonymous
15 October 2011 at 01:33
Hello Experts,
I have got a very interesting case in hand. A wife found that her husband has remarried with another lady. She filed 498a then 494. Husband filed for divorce. Now she also got the admission form of the daughter that the husband has got from his second wife. In the admission form it is signed by the brother of the second wife. Now the wife approached me saying she wanted to file a case against the brother of the second wife.
I was not able to make out any ingredient of what offense is made but another colleague suggested me that I should use ipc 420.
Now I want to ask my senior people if I should go ahead and file 156(3) in Court to seek police to investigate against the brother of the second wife as the husband had denied that the daughter was his but the admission form says otherwise. Please let me know the correct advice.
Regards to all,
Novice Lawyer,
Surender Oberoi
15 October 2011 at 01:20
Kindly enlighten me on the:-
1. abuse of molestation,sexual harassment or rape charges by a woman.
2. Relevant sections of IPC and CrPC, connected with the same.
3. Extent of bias of the law in favor of the woman
4. Probability of release/victory of a man falsely implicated in such a false case.
Y. T. R. Rao, Advocate, VIZAG
14 October 2011 at 23:31
SIR! WHAT IS THE MAXIMUM PERIOD OF DETENTION IN JUDICIAL CUSTODY THAT A MAGISTRATE CAN AUTHORISE ACCORDING TO CR.P.C., FOR THE OFFENCE PUNISHABLE U/S 395 OF I.P.C.? AND ALSO PLEASE SUGGEST LATEST CASE-LAWS.
Anonymous
14 October 2011 at 22:28
wife filed application u/s 18, 19,20 and 22 with wrong allegation.what defence can take husband and his family members.
vinod bansal
14 October 2011 at 22:25
R/Expert Members
Appeal against Acquittal in pvt complaint is maintainable before sessions court or not,kindly enlighten me on this point.Regards
Anonymous
14 October 2011 at 22:07
is there are chances to get bail from lower court in 420 and 120-b after the compromise of the matter with complaintant.
Affidvait of compromise is also available.
Anonymous
14 October 2011 at 20:38
Dear Sir,
Can I go abraod for employment if any criminal case is in the court?
Current Situation:
First Hearing is on 19th October,2011
I got VISA for Employment to Saudi.Departure date is 20th November,2011 for a period of 2 years.
Charged CRPC sections are 294b and 323.It is also a counter case.
What can I do in this situation?
Anonymous
14 October 2011 at 14:46
1. A filed a criminal case appeal against acquital of accused based on pvt complaint before high court within limitation.
2. High court asked the appellant to go to session court to file appeal.
3. How the limitation is to be counted in this case? Example is case decided by trail court in 15.08.2009. appeal filed in High court in 15.10.2009. again appeal filed in session court in 15.01.2010. Is it in time ? how the limitation is counted ?
Anonymous
14 October 2011 at 14:45
Sirs,
One person Mr.Ravan due to enimity has filed false FIR with police u/s 12 (1b) & (2) of passport act against Ram my brother. Ram surrendered before court and was granted unconditional bail. Later police investigated the compliant and filed B final report specifically stating that this is false complaint lodged with intention to harass us. Ravan filed application for reinvestigation before JMFC court u/s 173(8) of Cr.P.C. which was erroneously/(illegally)allowed by JMFC court and the said B final report was sent back to police station and reinvestigation was ordered.
Accordingly police told us over phone to appear at police station and accordingly Ram went to police station the concerned officer was not present, so he submitted written application along with all relevant documents. After few days one police officer, Kumbhakarna came to our house for reinvestigation, that time Ram was not at home. So I requested police to issue a summons for appearance or written intimation about what information they desire, as already we have submitted all the relevant information. Also we told him that we are in process of filing an application with high court for quashing JMFC’s reinvestigation order. So kumbhakarna got angry and arrested me u/s 353 of IPC, by giving a false complaint on behalf of state that I have assaulted him.
Next day our application got filed in high court and high court gave stay on reinvestigation. After through hearing high court quashed the JMFC’s order due to its illegality (no permission from central govt. was taken as required by pass port act section 15,de facto complaint don’t have right to file application for reinvestigation u/s Cr.P.C 173(8) as per Supreme Court judgement in the case of – Reeta Nag Vs. State of West Bengal & Or [(2009) 9 SCC 129]and as there was no offence under passport act or whatsoever as all the relevant records, documentary evidences were already produced before JMFC court) . Subsequent to the high court order police again filed B final report in connection with passport act case specifically stating it was false complaint.
Also i filed complaint with CP about Kumbhakarna about illegal detention,registering false case by misuse and abuse of police powers and for manhandling and asked for what action has been taken udner RTI act. I was answered that i have not told to govt. doctor, about manhandling/beating at the time of arrest and before lodging me in lock up. I have not told to the court about manhandling/beating when i was produced before court for bail. for other points like illegal detention, abuse of power CP says Kubhakarna's complaint against me was found true as such police have filed chargesheet against me, and no action has been taken against kumbhakarna
Now my question is 1) what punishment ravan will get as it is proved that he has filed false FIR due to enimity. For the purpose what procedure should we follow? JMFC court will sue moto start the procedure or I will have to file separate case under IPC 211.
2) what should I do in the case pertaining to IPC 353? Whether offence under 353 IPC has occurred only for demanding summons or written instruction? Whether non cooperation/protest/resistance to enforcement of illegal order,( which has been quashed afterwards) amounts to offence under IPC 353?What punishment Kumbhakarna should get and what I have to do for it?
Kindly guide us
Thanks
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Incomplete record of trail court
What to do if the record sent by lower court to the high court is incomplete?
Can we move an application for appropriate directions before the high court in the same case?