Anonymous
02 August 2011 at 11:29
I am advocate.In an application under section 125 cr.p.c magistrate passed a final ex parte order against husband on account of his absence after he put up appearance on being served.The order is under Proviso to S.126(2) cr.p.c & dated 15.4.2011.Respondent's advocate did not file application for setting aside ex parte order in the same court but file revision before SJ (u/s.397 cr.p.c)on 01.8.2011.
WHETHER THIS REVISION IS MAINTAINABLE ?
If YES, How?
If NOT, Why?
Please guide....Thanks in advance
Sijo Varghese
02 August 2011 at 11:22
Dear Sir,
Can I go abraod for employment if any criminal case is in the court? Which are the relevant chargeable sections to stop go abroad?
What are the procedures to be followed for going abroad in this situation?
Anonymous
02 August 2011 at 09:13
Hi - I had given a cash to my friend of 1L, as he needed help for property buying. He had promised to repay the same in 2 months, however after the said period he gave me cheque of 1L, however the cheque bounced with the notification from bank as ACCOUNT Closed.I would like to file case against him, will law be force full in this case. How much time will it take to close this case
Jayesh Kumar
01 August 2011 at 22:42
Hi All Experts,
In a land fraud case, the district patwari, land record officer and another officer in connivance with 2-3 other people used forged signatures and forged documents to transfer the land of a person from his name to another person name. The fraud came to highlight 3 years after the registry of such sale and transfer deed when the person tried to sale one portion of the land. When his efforts to register FIR went fail 'cause the other party used their influence, might & power he wrote a letter to various ministes. On one such letter the minister wrote a strict language asking the district commisioner to probe the matter. The matter was transferred to the local Inspector, a case no. was registered for the complaint however no FIR was filed. However as it was already the same thing, nothing happened in investigation. out of the 6 accused, statements of 3 people were taken. The statements of the govt. official was not taken. But surprise of surprise, I think so, the statement of the complainant was not recorded. They just compiled this statement without any evidence collection, without even collecting the photocopy of the papers alleged to forged, even check the signature and photocopy and sent to the Commisioner Police.
My question is that in this case, when things have proceeded so further can a case which is being investigated be closed without even taking the complaint statements?
Secondly, if the policy has sent the status of the case closed, can this be taken up by filing a protest petition in the Court since there is case no for the investigation however no FIR for that.
Excuse me all for my low knowledge in criminal field.
Regards,
Anonymous
01 August 2011 at 19:58
hounrable lawyers,
i want your urgent help in this matter
i want to know that if an accused want meet his family at his home then what is the provision for this????
if the accused got the permission n victims family proved that reason false then what will be the legal action against accused family??
and is their any law via which the victims family got the right of having all information about the accused legal action like filling any bail application or any other ??
thank you all in advance for your precious advice and time
Anonymous
01 August 2011 at 19:38
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Some third person Z complaint to police that X (Female) BC certificate is invalid, inquiry conducted by Police and police gave their views that register FIR againt Female father and sent file to DA(Legal).
What Can we do now to save the father?
Anonymous
01 August 2011 at 19:29
hounrable lawyers,
i want a help from you i want to know on which which reason an accused got the permission to came home to meet his family???
and if the reason proved false then what will be llegal action against him????
Anonymous
01 August 2011 at 19:15
Madam/Sir,
Came across a unique case and needed some inputs, with citations if possible.
In this case the place of occurrence was visited, seizure of material objects made, seizure memos drawn up and signed, and ONLY THEN the FIR was filed and the case endorsed to the I.O. (the same officer who visited the spot and made seizures). I.O. has tried to show that FIR was first filed and only thereafter he visited the p.o. and made seizure. But from depositions of P.W's it is clear that this is an attempt at a cover up.
So what are the legal implications of the seizures being made before FIR and also before the case was endorsed to the I.O.?
Second, the Medical Officer who examined the victims have not been called as P.W. and therefore has not deposed in Court.
In such a case, can it be said that the medical injury report and therefore the bodily injury itself have not been proved??
Hoping for a quick reply, and thank you in advance for your valuable time.
Anonymous
01 August 2011 at 16:59
Ld counsels,
Accused is willing to go for quashing criminal proceedings. he is aggrieved with a related order of the high court for which an appeal is pending before the SC.
Can the accused file a quash petition before HC and get the stay of crl. case until final disposal of appeal by SC and then proceed with the quash.
The appeal before SC will help him prove that case is malafide and a finding is awaited. At this juncture can HC stay the proceedings. For last one year no witnees had been examined there is only adjournment.
Please clarify.
Forged Undertaking and framed u/s138 NI
I have been framed u/s138(cheque bouncing). The complainant has used my signed blank paper to forge an acknowlegement and undertaking saying that I have procured loan from them and incase I do not repay they can use my cheques. 1. The undertaking is forged on a plain paper and not a stamp paper. 2. The witness is the complainant's husband only. I have to challenge it as it is fake: My question is: What is the validity of a plain paper? Can a husband be a witness to a cash transaction?