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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   13 August 2011 at 16:44

If i.o files fir against the accused.

If I.O files FIR against the accused, is it compulsory for him to give a report (Chargesheet) (positive or negative) regarding the alleged offence?


What if the alleged offence filed in the FIR is not mentioned in the chargesheet?

Also one of the LD member has said the IO can file a B report what does the B report mean (State Of Maharashtra) ?

Is there any alphabetical series for filing the report i.e. B report or a,c,d,e, etc..

I also want the case law which say that FIR should be submitted to the SP (superitnednet Of Police) in 24 hours within which the FIR is registered ? case law required. If the SHO doesn't submitted the FIR then what are the legal remedies the SHO has to face.

thanks

Anonymous   13 August 2011 at 16:42

Please advice

Please advice. Had A fight near roadside with a group of some boys and they were having the weapons(Rod, Chain etc) to hit me and they were search for me the whole day even this guys went to my residence and threaten my father and after some second they found me with on the road side and started hitting me. To save myself, my 2 friends and I hit them back.Later before we going to Police station those guys went to police station and filed a complaint and one of them was injured with 10 Stitches on his forehead.Even one of my friend was hurt but police is not listening to us

Police did an investigation(just for the sake of doing) and filed FIR on IPC 324 & 326 sections.

Can police change the IPC sections that were initially framed in FIR?

Please let me know how to go about it and the necessary action to be taken.





Anonymous   13 August 2011 at 14:18

Criminal case pending due to charge sheet is not filed after 18 months

Dear Sir,

I am nilesh Jayvant Khot from ,kolhapur,Maharashtra. Sir, I have criminal case under the Bombay Prohibition Act and Sections 110 and 117 of the Bombay Police Act (Darubandi kayda) 85(1) in district court. Sir this FIR was filed on date 20/03/2010.but still charge sheet is not filed.its already 18 months over.I applied for passport on the month of 25/04/2011 and mentioned that i have case pending in court. i attached NOC of court alonge with application for granting the passport.my police verification reports
are good.when i applied for passport i mentioned my present address.but in FIR i gave them my village address. i went to passport office they said "police verification is adverse,show cause notice sent by You post" but its one and half month i didn't received the notice. so i am planing to stand my case in this month through the court notice. My lawyer says,we will stand the case,and you just pay the fine around5000/-. sir i have some questions- (1) What will court do after charge sheet is submitted after 18 months, the case will dismiss? (2)what if i found guilty, will i get the passport ?
(3)if i pay the fine,what will the case status,it will be 'NIL' or something else(4) Or should i wait for some days. after ALL THIS CAN I GET PASSPORT.WHAT IF I DEPOSIT FINE SHOULD THEY ALLOW ME TO GO ABROAD? AND WHAT SHOULD I DO TO GET PASSPORT?

sir , give me the best solution for it..so the needful..

Anonymous   13 August 2011 at 13:04

Gold finance

Dear Sir,

I am Registered Under Bombay Money Lenders Act In Mah State intrested in Gold Finance Business. My Q is
1) What Precaution Should I take while taking the gold as security ?Mostly the Customers are new for me what documents should I take in order to finance ?

2)what are the consquencies if the gold is of robery what is the defence left with us in that case.

Ajay Kumar Reddy   13 August 2011 at 11:13

Police is telling no fir on nonconzibale crime

Sir,

There is any provision that polce can not create FIR on Non-Conziable offence. If there is any rule then please tell me.

Ajay Reddy

james   13 August 2011 at 08:39

Further investigation

Who can file an application for further investigation before a magistrate under 173(8)crpc,in a case where trial is already started? Support your opinion with SC rulings.

vijaykumar   13 August 2011 at 01:57

156/3 after compromise

That the complainant demanded his money on several occasions but accused always assured the complainant by making excuses and the first week of the January 2010 the complainant approached the defendants and demanded his money , but accused assured to complainant that entire money, will be given in the mid of July 2010.
10) It is further submitted that after six months the complainant approached the accused for the repayment of the said money however the accused expressed his inability to repay the entire amount to immediately .complainant give caution advice to defendants that he will going to complaint to the police about all the incident after the immediate effect. Accused told to complainant that aforesaid company has gone and they all were victim of cheating/or deceived by company /and website was not working /as well as running so due to this all reason and prior promised accused will give him compensate to complainant .it is further stated that all accused however made a compromise deed that on behalf of 199000/- (one lakh ninety thousand only) but they will give fifty thousand in spite of (one lakh ninety thousand only ) but all the facts are designed or fabricated by all accused and in order to deceit to complainant they concealed the facts because said website was already running and accused turn totally dishonest and not wishing to return back his entire money.

Anonymous   12 August 2011 at 23:20

Job offer letter of one lac per month but giving only fifty thousand salary

I recently joined a co and got joining letter with signature of director stating salary + incenetives + profit share but in 8-10 days it was found the director is cheating me. profit share and incentives can not be given as the unit was huge lossmaking. so I resigned in 16 days of job by giving in writing and email also as they will reluctant to give receipt of resignation.

Now they are not willing to pay salary and just willing to pay ten fifteen thousand as full and final settlement of accounts.

my question : can i lodge a cheating case of 420 against the director and HR head .?

SInce director is BIG VIP will police lodge FIR ?
what else action can be taken as i was tortured much as well as i am not bothered of getting ten fifiteen thousand when salary was due more than fifty thousand?

advice suggest as the co is too big..turnover of approx 10,000 crores.

Anonymous   12 August 2011 at 22:36

498- a

hello all lerned friends this type of case is with me
Statement of victim

I declare before you that I live with my family I failed in ssc so I left the study since the two years. My fathers is servicing in gov. department I have two brothers and two sisters the mairrage has been taken place of my elder sister.
I know accused since last year we met single time in the year he got attraction at the my side. I did not like to keep any kind of the relation with him.
On the last dated 06/02/94 when gujarati movie namely jay randalma was going on tv and on that time I was watching tv with my family it was the day of Sunday. At the 06-30 I came out from the my house because the hens came out from the cage and was wandering in the house so for the arrange them I came outside. I came out at the side of the colony on that time I saw the accused having with him suitcase who called me I understood that he might have work of me so I went near him so he informed me that you come with me I would like to marry you. So I denied so he informed me that if you do not come with me so I will blame to you in the colony that you r in love with me. I also infamous your parents. He was threatened to me with such type of indimitation so I fear and due to this reason I went at the side of the road where the another accuse no-2 was there on that time a rickshow passed accused no-1 instructed to me to sit in the rikshow so I followed his order with fear . The accused no-2 was also with us. On that it was the 7-15 of evening .accused no-1 paid double rent to rikshaw driver. From there we reached at the city of Rajkot by the tanker and then went at ahmedabad by travels and stayed 2 hours at the bus stand.
Then in the morning at 6-00 ahmedabad to reached at mahuva in the st bus. And from mahuva to saraswani reached where the work was canal going on. At there the accused no- 1 was working. I stayed canal nerby the home. Till that time the accused no-2 was with me. After that in the village of work was not so accused no-2 went at ghodasar village and instructed to us to marry. In the the other 2 persons were working mr x and y who used to go at the work on the day on the time I was alone full day at the home. I and accused used to sleep in the same room at the night. While the other used to sleep outside the room. As I and accused no-1 alone in the room he threat to me and did intercourse with me by force against my will. But due to the fear I was unable to say no to him. He informed me that tomorrow we shall go at office of the lawyer and we shall get married.then he used to go at work daily. And in the night same incident always happened. And I due to the ferar unable to say no to him.
On the next day he went to take advice of lawyer and returned at the noon and informed me that we have to go court for the mairrage and again intercourse with me at the night.
On the very next day we went at the court time and stayed in the guest house but due to the my birth day was 2-03-06 in the certificate and at the date of 12-2-94 I was minor so lawyer denied to register mairrage to us and on that time after some time suddenly father of accused no-1 and 2 came and came and caught us and take at the police station I gave consent to the doctor for the medicaleexamination and I loged the complain before the police
-------------------------------------------------------------------------------
NOTE :- AGE PROOF IS SCHOOL REGISTER
MEDICAL REPORT IS LIKE THAT possibility of intercourse can not ruled out
No any external injury mark on the body
This is the fir as I understand consent is there then also requested to put cross questions comments and any thought which comes in the mind of my all learned friend on behalf me regards

Anonymous   12 August 2011 at 22:35

498- a

hello all lerned friends this type of case is with me
Statement of victim

I declare before you that I live with my family I failed in ssc so I left the study since the two years. My fathers is servicing in gov. department I have two brothers and two sisters the mairrage has been taken place of my elder sister.
I know accused since last year we met single time in the year he got attraction at the my side. I did not like to keep any kind of the relation with him.
On the last dated 06/02/94 when gujarati movie namely jay randalma was going on tv and on that time I was watching tv with my family it was the day of Sunday. At the 06-30 I came out from the my house because the hens came out from the cage and was wandering in the house so for the arrange them I came outside. I came out at the side of the colony on that time I saw the accused having with him suitcase who called me I understood that he might have work of me so I went near him so he informed me that you come with me I would like to marry you. So I denied so he informed me that if you do not come with me so I will blame to you in the colony that you r in love with me. I also infamous your parents. He was threatened to me with such type of indimitation so I fear and due to this reason I went at the side of the road where the another accuse no-2 was there on that time a rickshow passed accused no-1 instructed to me to sit in the rikshow so I followed his order with fear . The accused no-2 was also with us. On that it was the 7-15 of evening .accused no-1 paid double rent to rikshaw driver. From there we reached at the city of Rajkot by the tanker and then went at ahmedabad by travels and stayed 2 hours at the bus stand.
Then in the morning at 6-00 ahmedabad to reached at mahuva in the st bus. And from mahuva to saraswani reached where the work was canal going on. At there the accused no- 1 was working. I stayed canal nerby the home. Till that time the accused no-2 was with me. After that in the village of work was not so accused no-2 went at ghodasar village and instructed to us to marry. In the the other 2 persons were working mr x and y who used to go at the work on the day on the time I was alone full day at the home. I and accused used to sleep in the same room at the night. While the other used to sleep outside the room. As I and accused no-1 alone in the room he threat to me and did intercourse with me by force against my will. But due to the fear I was unable to say no to him. He informed me that tomorrow we shall go at office of the lawyer and we shall get married.then he used to go at work daily. And in the night same incident always happened. And I due to the ferar unable to say no to him.
On the next day he went to take advice of lawyer and returned at the noon and informed me that we have to go court for the mairrage and again intercourse with me at the night.
On the very next day we went at the court time and stayed in the guest house but due to the my birth day was 2-03-06 in the certificate and at the date of 12-2-94 I was minor so lawyer denied to register mairrage to us and on that time after some time suddenly father of accused no-1 and 2 came and came and caught us and take at the police station I gave consent to the doctor for the medicaleexamination and I loged the complain before the police
-------------------------------------------------------------------------------
NOTE :- AGE PROOF IS SCHOOL REGISTER
MEDICAL REPORT IS LIKE THAT possibility of intercourse can not ruled out
No any external injury mark on the body
This is the fir as I understand consent is there then also requested to put cross questions comments and any thought which comes in the mind of my all learned friend on behalf me regards