Anonymous
12 September 2011 at 15:19
Hi Sir,
There is a petty case on my name under section 292(d) for sending obscene sms to a gentleman. Lower court has given verdict in my favour only.
Is there any chance for my opponent to take it and drag me to higher courts ?
if so , what should i do to stop that ?
Experts, please answer both my questions
m.v.prabhakar
12 September 2011 at 14:09
Since it was not responded in the forum section, I seek the advice of the experts in this issue. Though it appears to be academic it needs expert opinion.
Shall be obliged, for the following clarification by any learned experts.
1. Is it necessary that sec 120B of IPC should always be associated with any other punishable sections like 420, 468, 471 etc.,
2. Can the Sec 120B of IPC be singularly be associated with 13(1)(d) r/w 13(2) of Prevention of corruption Act.
3. If the answer to the S.No 2 is affirmative then my question is based on 120B and 13(1)(d) of PCA. These sections are reproduced for your immediate reference.
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either descripttion for a term not exceeding six months, or with fine or with both.
Section 13(2) in The Prevention Of Corruption Act, 1988
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
Q1. Is the PCA is considered as a part of IPC though it is a separate Act as it was carved out of IPC for the purpose of 120B.
Q2. Since Sec 120B of IPC talks about the offences under this code (which is underline and coloured above) can we conclude that only 120B and 13(1)(d) can not co-exist with out any other sections of IPC like 420, 471 etc.,
Q3. As the punishment of imprisonment under PCA is not less than one year which is contradictory to the minimum punishment u/s 120B of IPC (death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards) can the charges u/s 120B of IPC be survive.
Regards
Prabhu
Ram Sowrya
12 September 2011 at 14:01
Dear Fourm,
With the help of the competent authourity [POLICE/COURT],
what is the Maximum Time limit to file CrPC 91 for getting records from Cell Towers?
Please enlighten me.
Anonymous
12 September 2011 at 09:16
CA by profession, man is named by main accused in one case among seven cases registered against main accused.The charge; alleged to have fabricated bank loan sanction letters. In JUdicial Custody for a4 days. Nothing recovered during or after investigation while in police custody for 3 days.Whatever documents are seized all are from the custody & premises of main accused.The sections against main accused are IPC 417, 420, 467, 468, 471 & 120B.
Please let me know some solid points for arguing bail.
Anonymous
11 September 2011 at 20:08
What is interim bail???
In what circumstances person can seek that???
Regular bail application has been dismissed by session court in 420 465 467 468 471 and 120-b
can a girl can apply for interim bail before regular bail in high court so that she can get out of custody???
Anonymous
11 September 2011 at 19:57
There was a complaint from 22 people about a immigration company that company had taken 22 lakh from all(1.3 lakh from each) for sending them abroad but offer letters and visas they provided to them were found forged.
In there application they mention 6 names.
Only 2 persons got arrested.
One girl who was arrested applied for regular bail in session court after 1 month but the same got dismissed.
She is not main accused ,in application people mention her name that she was also working there.
Now I want to know should she apply bail in session again or not or she should approach high court?
Please advice me when should she applied for bail in high court and what are the chances to get bail from high court?
2. if bail get dismissed from session court
more than once can it effects the chances of getting bail from high court??
Anonymous
11 September 2011 at 18:10
IF A PERSON MR Z ISSUE CHEAQUE TO MR P SIGNED BY MR Z FOR DEBT TAKEN FROM MR P AND MR P GIVES THAT CHEAQUE TO MR R THIRD PARTY FOR DEBT WHICH P OWED TO MR R AND IF IT BOUNCES THEN WHETHER R CAN TAKE ACTION UNDER 138 OF NI ACT ON Z.
Anonymous
11 September 2011 at 17:36
my sister in law does not want me and my wife to visit her fathers home and want a full claim on property.last day i visited my in law's home.she fought with me and get wouned and complaint to the police abt rape attempt by me.she can go any way beyond to put me behind the bars. she has gone half made. she is making false cases . what are my rights so that i can get rid of this stupid things. please advise.i do not want insult of in law's and want my safety also.the summary of my complaint is that my sister in law is making false allegations against me so that she can put me behind the bars. the police calls us everyday at the police station.my wife is pregnant.she is getting disturbed due to this.that girl is not human. she does not understand what humanity is.my job, my life is getting affected, pls help.my wife and i are gone in deep depression. nobody is listening to us.pls help. also what is the fine for ipc 354 and 342 and how can i get bail in court?how much is needed to get bail in court.how many times do i have to visit court.what fees the lawyer will take for this case. pls tell me in approx amount.pls help.
Anonymous
11 September 2011 at 15:34
Dear experts,
Ref my query on 10/9/11.subject as mentioned.thanks for your valuable opinions but there is a little doubt-when asked for FIR police
people told that he has also given written complaints stating that my family members
also threatened him so police has to listen
to him also so they have to apply 107 & produce us also in front of magistrate.I am
confused by this remarks of police.please
advice.Regards.
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Girl family cheated.....by keeping false cases..plz help
Dear Sirs. A false 498A case was filled against me and my family. I got my married in may .The girl was not interested in the marriage and was not interested in the matrimonial life with me.The girl left on same day . She was not intrested in matrimonal life. So our family kept this issue in Cast panchayathi commity in june .The girl agreed that its force marriage infront of panchayat memebers . There after listening to both conversations, panchayat members given a written statement as marriage is not consummated marriage is null and void they ended by giving divorce( on cast panchayat papers 14 panchayat members our family and there family including me and girl signed on that papers ) and panchayat members said that I have to return the amount and belongings which is given by the girl. We followed the panchayats order and returned the amount and belongings,the panchayat has given written statement that everything is received from boy's end and given statement that both parties should not file any case against each other( panchayat members inluding our family and there family including me and girl signed on that ).I asked the legal divorce through court which girl family rejected and they demanded 10 laks to give legal divorce. I refused . After 1 week they have filed 498a and dvc cases on me on my family.I was arrested and remanded.she has filed interim maintainance and got judgement as 1500 rs permonth.Now I have to put counter for main DVC .My questions are..
1.Can I able to file 340 crpc on them as they have mentioned in 498a and dvc cases that gold, money and all other articles are with me which they took and the girl family including girl signed on the panchayat papers that the received everything from boys end nothing is pending from his side.
2. Affidavit is filed by the girl saying that articles,gold and money is with me in DVC case.Can I able to file 340 crpc on them ???.
I have signed document from girl family including girl that the received everything .
Please help me How can I save my family!!!