Anonymous
29 June 2011 at 10:55
Dear Learned Members,
I have a query where I'm confused how to go about the situation.
BREIF:
The complainant submitted a plaint on 18Dec.2008 to SC/ST Commission, against the accused stating that on 15Dec.2008 the accused made unparliamentary remarks against the complainant in public (though there is no public witness as per the chargesheet). The place of incidence is a District Court where the complainant had come to oppose the bail application of the accused's son against whom the complainant had filed another FIR earlier in the same month.
Based on this, the police filed an FIR in Jan.2009 and arrested the accused in Mar.2009. The accused applied and took regular bail next day. The chargesheet was filed in July2009. Since then, the complainant is not appearing on one or another ground. One witness is father who was along with with complainant on the date of "alleged" incidence. Sometime the complainant would come and the father woundn't come and other date father would come with an excuse for the complainant. Others are formal witnesses. The prosecution has failed to record evidence, of even single witness since two years. It has been two years now since P.E. was ordered in 2009 and even complainant has not completed Examination-in-chief.
The fact is, the alleged incidence never occured. It was a pressure tactics to pressurize the accused to succumb to the demands of the complainant. Also there was a pending case against the son of the accused which was filed by the same complainant.
Now my QUERY is:
1. Is there a possibility that the accused can get this case quashed before the Hon'ble High Court on the grounds of non-appearance of the complainant. Also the accused posses many other proofs which points fingers straight to the complainant?
2. If yes then what should be the strategy?
3. If not, then should the accused file an appeal in High Court, praying to expedite this case? Will such appeal help in expediting the case?
4. Major reason for non-recording of evidence is absence of the complainant and the father and ALSO the "Special PP" for this case also does not appear.
It has been over 15-20 dates in past 2yrs since when the Sessions Court is providing opportunities to the complainant and still they are not at all bothered. The issue is that the case which was filed by the complainant against the son of the accused is also going on in evidence stage. The CORE REASON for non-appearance of these witnesses is that their plaint is frivulous and concocted and they are worried that on conclusion of the case they wouldn't be able to pressurize the accused. ALSO the accused might file case of defamation against the complainant and of false implication. The complainant had also demanded money in liue of settling the cases but due to some reasons the settlement couldn't happen.
Also one important submission is that local police where the complainant used to resides had been involved in both the cases in helping the complainant. The accused posses voice recording of the police officer demanding money and threatening the accused in police station.
//peace
/Saurabh..V
R.SHAH
29 June 2011 at 09:08
yesterday was my date for final argument court u/s498a,406,325,506 & 34 after 313 statment of accused.
but on last date complainant appeared and filed application for calling meical officer and investigating officer to examine, whereas all the prosecution witness has been summons but non appear nor complainant parents appeared for deposition after all procedure court take steps of 313 stmnt. and final argument. whereas it was allowed and next date was kept for m.o./i.o examination,
query.
it's possible of after 313 stmt witness of prosecution be examined allowd ?
how far the medical officer and investigating officer deposition help to complainant wherein, only her & her mother deposition recorded. her mother deposition is contracdictions.
kindly advised me.
Anonymous
29 June 2011 at 08:29
Kindly guide me : Some persons of society like Section officer of govt Department, verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. But this department does not concern with these powers. Section Officer gives me the Self Declaration attested by Notary that his stamp was misused by Clerk who is father of wife. He does not concern with the matter.
Please let me know that what action I should taken against the father of wife. Can I file writ petition in the High Court againt father of wife under IPC 167 or department concerned. Or what should else I have to do ?
kuldeep kumar
29 June 2011 at 00:37
how can we say a sexually depraved man susceptible to corrupt practices such as chatting sexually before cam can be presumed to claim demand dowry from his wife.ur apprehension of fear of being booked u/s 498a only on this ground is without any claim untill u are connected with dowry demand in this way or that way.how can ur wife be driven to commit suicide or become so harassed which is an necessary ingredient of cruelty.u have chance of winning ur case only on thses allegations
Kumar Krishan Agarwal Advocate
29 June 2011 at 00:30
Dear Sir,
I have filed a application 'A' Under Sec 156(3)for registering FIR which seems deficient to the Magistrate for registering the case as he told me personally. Now the magistrate said to do something rectification major steps so that he may order on the application 'A' to register this case as FIR.
Now my Queries are:-
1. Will i amend the more facts in the separate interlocutory application in the same application 'A' for registering the case?
2. In which section of CrpC I may amend more facts in the same application 'A' which I had filed under Sec 156(3).?
3. Will I put written arguments under Sec 314 crpc in a separate interlocutory application in the same 156(3) application 'A' so that the Magistrate may understand the incident clearly and order to register the same application 'A' of 156(3) ?
4. Is there anyway to rectify the application 'A' so that the magistrate may not dismissed my 156(3) application 'A' for registering FIR ?
Anonymous
28 June 2011 at 18:54
Voice recordings are admissible in evidence and as same wait as other documentary evidence. Go through
AIR 2009 SUPREME COURT 1314 "All India Anna Dravida Munnetra Kazhagam v. L. K. Tripathi"
AIR 1986 SUPREME COURT 3 "Ram Singh v. Col. Ram Singh"
AIR 2005 SUPREME COURT 3820 "State (N. C. T. of Delhi) v. Navjot Sandhu"
AIR 1975 SUPREME COURT 1788 "Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra"
AIR 1973 SUPREME COURT 157 "R. M. Malkani v. State of Maharashtra"
AIR 1964 SUPREME COURT 72 "S. Partap Singh v. State of Punjab"
Also any case which say that photocopy only are not admissible it's negative are also required along with the original photocopy duly attested by the competent authority?
But in this who is the competent authority.
case law required.
requesting the can LD member that if u have the case law above mentioned than paste in this forum not available under the indiankanoon.org
Anonymous
28 June 2011 at 18:45
Chief Justice of Supreme Court of India and his Bench Guidelines can be supersede by Parliament Amending the order and not by Any Supreme Court order? Chief Justice of Supreme Court of India and his Bench Guidelines can supersede the judgment of the Supreme court It is request to give me the guidelines or case law give me.
Anonymous
28 June 2011 at 18:16
My case is peculiar.
I have photos in my system of my chat frend/lover.
I stored every email and chats of her in my archive.
My wife came to know my password secretly and taken print outs of all the needed and went to police station and filed a case keeping IPC
498a, 406, 420 under 3, 4, 6 sections of DP.
No one harassed her on terms of dowry. she fully misused the IPC 498a. police caught me and kept in jail for 2 days and later after 2 days got my bail. she kept 8 people as accused. No one harassed her really. She harassed me without giving me sexual pleasure. Is sexual chatting and my chat frends pics and videos (where in the pics or videos doeesnt have nudity but my lover wore my dress) but iam no where appeared in the pics becoz those pics are snapped by me. May this stuff lead me into trouble while cross examining or before charge sheet preparation? I never meet my lover after my marriage but we had communication through phones or SMSes or for 5-7 times chatting in the year since I didnt know that my wife knew my password till she kept a case on me. Apart from that I didnt do any crime/ harm. Police have come to my house with another key and taken all her articles and items including my items and other my useful evidences and taken the signature of the appartment secretary and my relative's signature.
Kindly help me on how to proceed/fight with this kind of court case?
Anonymous
28 June 2011 at 16:56
Sir,
I bought an apartment from builder and the builder asked a 1 lakh in cash apart from what is mentioned in record (sale agreement). But, the 1 lakh is part of estimated apartment cost I agreed to pay to builder. However, I did not have cash and I gave him a cheque and told him that I will pay by cash and get the cheque back. In the mean time there were quite a few issues in the apartment but the builder did not fix it. I informed the builder that I would pay the 1 lakh only fix the issue and I stopped the cheque. But the builder is saying that he would take legal action. Now my question is:
1. Can he take legal action though I do not have legal liability to pay this 1 lakh to builder?. (Registration is done, possession letter given, EB name transferred).
2. I have fund in my account, but I have only stopped the cheque. Can this be still an legal issue?.
3. Cheque I have issued(dated cheque) about to expire (closer to 6 months). Can he take legal action if the cheque is expired (crossed 6 months)?.
Please advise. Thanks.
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