Anonymous
26 September 2011 at 12:51
Dear and respectable Sir,
thanks for your reply you have guided me the correct way of proceedings in my last queries,
Thanks for reply of every query towards revealling facts in the court, and we can stand for the correct and can pray for justice.
In the matter of my son almost all queries you have cleared the only thing left is
Q. transaction made to purchase the property which was gifted towards settlement of relation will uncover the entire thing
can we make an application in the Hon. Court to furnish the copy of entire transaction of the said property in which wife family was residing/ we can mention the same in the police complain.
it is necessary because family who can deceive others by making a relation and spoiling the life of their own family girl, not only by insecuring her life, provided spoiling the life of the child who is present among various peoples ( her parents- my son & his wife- her first marriage husband- namkaran- non residing habit & various issues are present with this child including myself and other childrens of mine several questions are present related to child).
498aVictim
26 September 2011 at 12:35
Hello,
I have following query:
Situation:
Person A lodges false FIR against Person B.
Among other false, vague and improbable allegations, A in his FIR, states an allegation for which Person B has strong evidences and witnesses to prove the falsity of the allegation.
Based on the FIR of A, the police starts the investigation and submits the charge sheet which is the exact copy of the FIR.
Query:
1. Can B file a complaint against A u/s 211 of IPC while the matter in the first FIR (by A) is pending in the trial court OR B has to wait till the matter is decided in the first FIR by the trial court?
2. Complaint u/s 211 is filed with the Magistrate or with the Police?
3. Jurisdiction for filing the complaint u/s 211 - Place of residence of B OR Place of action/incident which is falsely reported by A in his FIR OR In the same court where A filed the said FIR?
4. Does it make any difference to 3 above if B is a senior citizen woman?
5. Time limit to file complaint u/s 211 and from which date the time limit is calculated - Date of FIR lodged by A; Date of Charge Sheet filed in first FIR; Date of Trial Court Judgment; any thing else?
6. To what extent the Prosecution has to prove the falsity of the FIR - Material Facts and Independent Witness? or more?
7. Any landmark judgments in Sec 211?
Thank you.
Anonymous
26 September 2011 at 10:45
is there 1 year timeline for chargesheet for 498a case from date of fir?
Anonymous
26 September 2011 at 09:43
Judge said for examination on next date. What does it mean to the husband in 498a.
Anonymous
26 September 2011 at 08:19
I am facing DP 3/4 and 498a. My anticipatory bail hearing was going on for last 3.5 month.
During anticipatory bail hearing police did all investigations and except wife's parents and 2 uncles statements every ting was in my favor.
Eirlier wife had filed cruelty case in Mahila P.S. some time back. Which was made false by P.S inchage after investigations.
wife had said, FIL has given 5 lacks through checks (I had not taken any checks). police found that thoses are never encashed
My wife had illicit relation with a college mate. police found that she was sending her 100s SMSs every day and hours long calls every day.
She has confessed about her illicit relations in front of police during the first case(cruelty) investigation. And its all ther in police diary.
THe midiator for the marriage has given statement in our favour that we never asked dowry.
I have given a CD of phone call recordings to police in which here parents are telling her to stop her illicit relation.
There are many more evidiences in favor of us.
Session Judge tried for reconcilliation but that also failed as she was not interested.(Session judge judgement says that)
Even after call this, Session judge has rejected my bail.Please help what to do.
Navojit Basu
26 September 2011 at 01:08
My father died intestate in 2004. We are two brothers only and my mother was predeceased. In 2009, my elder brother obtained a succession certificate in his favour with the directive to share its 50% after receiving amounts from different financial bodies like banks, P.O.s etc. Till date, he pays not a single penny to me. Please confirm whether
(1) It is a criminal offence and if so, under which section? What is the maximum extent of punishment he can get?
(2) How can I get my 50% share? Of course, with interest, as he perhaps is enjoying that by investing at some point.
(3) What relief can I get against this harassment- physical, mental and pecuniary- from competent court of Law? Please mention the requisite sections of law for all the cases.
Amit Sharma
25 September 2011 at 23:56
I am facing enquiry in women cell for Dowry, beating charges etc.
Should I apply for blanket bail. One advocate is in favor of same, other has told that if that get refused then it will be bad for future proceedings.
Plz help
Anonymous
25 September 2011 at 22:29
Dear and resp. sir
thanks for your reply of my past query worthy to understand.
1)if husband had given money to wife family first and paying interest for that money as her family first refused.
husband sent notice to return that money again her family had refused through reply notice that they had ever taken any loan or money from husband but husbnad having some evidences that family had taken.
2) jewellery not at all given by wife family but they presented some bills in the court. from the bills it is cleared:-
a) bills not paid and jewellery returned to the shopkeeper but family kept such unpaid & jewellery returned bills since marriage day and submitted in the court.
bills are not fabricated but really collected and stored.
3) absence of Domestic relation and immediate to birth of child wife did namkaran of the child without knowledge of husband and along with someone else.
after the event of namkaran she never came and reside ever with husband. they were living separately from us from the day of marriage.
4) after 8- months of namkaran husband came to know wife was already married before marriage with him and the house in which her parents were residing was gifted by her first relation.
5) before filling the matter of Dv case jurisdiction changed after that property sold by the family to some politician. but it is confirmed that she was married earlier but not not confirmed whether she is divorced from the first as family not at all mentioned to us before marriage about her past.
6) or counsel understood everything and suggesting us to file police complain,.
my query :-
1)points 1 to 5 comes under the matter of cheating or what?
2) regarding official denial of taken money
3) jewellery not paid and returned claim of such jewellery by official means, keeping such documents and submittion in court records
4) how we can get the copy of aggrement and transactions related to that property which they had sold and trying to wipe off the related evidences that she was earlier married and hidden all facts from us.
our counsel is helping after understanding but things we have to furnish him different evidences to reveal facts in the court.
how to file FIR in the police station? if they refused to accept the complain what to do?
Q. only marathi complain is accepted by police or hindi/ english is also acceptable in police station?
we also wanted to know why families are playing with the lives of the childrens. as the matter is entirely played by the family members of the wife as they were fully involved in all situations.
thank you in advance
Y. T. R. Rao, Advocate, VIZAG
25 September 2011 at 22:14
IN COGNIZABLE OFFENCES CAN A POLICE OFFICER RAID, ARREST AND SEIZE THE PROPERTY WITHOUT REGISTERING FIR? PLEASE GIVE SOME CITATIONS - CASE LAWS.
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Validity sale of goods & article on estimates
Hello
Mr. Amit get a quotation/ estimate for a TV worth 70000/- from shopkeeper to be given in marraige.
Mr. Amit never buys it. Marriage is disputed. Mr. Amit uses the the quotation / estimate to prove that TV worth 70000/- was given in marriage to put case under 406IPC, and should be returned.
Magistrate takes cognizance against Mr. Rahul u/s 406IPC.
Mr. Rahul goes to sales tax department and lodge a complaint against shopkeeper that he is involved in black marketing and selling goods on estimates/ quotations and escaping VAT and sales tax.
Shopkeeper files affidavit to Sales Tax Office that even though quotation/ estimate was issued by him but TV was never sold any customer can take quotations/ estimates and for what purpose cutomer uses the quotation he has no concern.
Mr. RAhul taking the copy of affidavit from Sales Tax Department files a case u/s 156(3) crpc against Ms. Amit for cheating and forgery u/s u/s 420,465,468,471, 120-B. Said FIR gets registered in police station.
After investigation Police inspector files Final report stating no forgery done by Mr. Amit as shopkeeper only issued the quotation and its very common thing that shopkeepers often sell the articles on quotation/ estimates. So no case made out on Mr. Amit, hence Final report
Magistrate also agreed with Police inspector and accepts the final report.
Question: Any citation/ judgments against this episod of magistrate which says legally quotation / estimate is not legal proof of sale, even though issued by shopkeeper but knowingly Mr. Amit used it for his unlaw gainful purpose?? I hope I'm clear this time.