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Mansoor   16 December 2018 at 01:35

Pcr getting postponed multiple times from getting dispatched

Hi Sir/Madam,

I got cheated from my landlord for 10 Lakh rupees. When I went to Police Station to log an FIR on landlord, without any reason police rejected to file a case of landlord. So, I decided to approach a lawyer and log a PCR. It has been six months I went and approached court and logged PCR. By that time respected Judge sir put a date that is after 10 days and told that PCR will be dispatched in 10 days. It has been 6 months till now, I am hearing from my lawyer that Judge is postponing the date of PCR getting dispatched and we have to wait for that.

My question is:

Once the PCR is logged, will Judge change the dispatching date of PCR. If yes, then how PCR will be postponed without dispatch and issue summons to landlord.

Thanks,
Mansoor

Harsha Harsha   15 December 2018 at 22:39

200 crpc

ThankU Hon'ble seniors for my previous query's response.
Have drafted my petition to submit the petition to court.
Kindlu review and provide your inputs.


Respondenat – 4 nos.
COMPLAINT U/S 200 of Cr.P.C
MOST RESPECTFULLY SHOWETH:

1. I, Ms.Dhanyapriya is residing alone in the above mentioned address.
2. I am a legal divorcee
3. A1 and I worked together as a software engineer in from June 2017 to May 2018.
4. A1 approached me at our office and proposed for love and marriage. And we were in love from Dec 2017.

5. A1 and I got married at 02.04.18 in a simple way at my house with the presence of our colleagues and friends. We lived in the above mentioned my house at from April 2018 to June 2018.

6. We have not registered our marriage. Whenever I request A1 to register our marriage he kept postponing the in the pretext of getting approval from his parents.

7. He enjoyed all the matrimonial celebrations and benefits at home with me.

8. A1 has requested rupees One lakh to provide to his friend A2 for his urgent personal needs. He took me to to meet his friend A2 and provide the amount Rs. One lakh to him. Both promised that they will return it in 2 months.

9. Also A1 has taken 2 lakhs rupees from me for his financial needs to support his sisters delivery.

11. Whenever I requested to register our marriage lawfully, A1 refused saying that he can speak after his sister A3’ child delivery to get the consent of their family members.

12. On my prolonging request to register our marriage and to bring it to the limelight of his family, he left the house and went to live with his friend A2.
17. His uncle demanded me that I have to provide my previous divorce decree details to them and to leave my job, if I want to get married to A1.
18. Also they demanded me to buy a new house at their home town to settle down there. if I want to get married to A1.
13. On October ’18 his uncle spoke in filthy languages during the conversation to solve this issue. also threatened that he will kill me

14. His sister A4 spoke to me asking me to get separated from him. She also stated that they are looking for an alliance for his marriage.

15.A4 spoke to me saying that they have arranged for a girl from his hometown, for the purpose of marrying to A1.

16. A4 said that A1 has agreed to marry the girl which their family prefers for him.

20. I submit that I have the following prima face evidences which I can provide to the court on trials or on request.
a. Witness:
Submitting the following witness details for the case.
Witness 1:

b. Documentary evidence:
Together Photograph @home
Whatsap chat histry
Phone call recordings
PRAYER

Wherefore, in view of the circumstances most distressingly narrated above, I most humbly plead this Hon’ble Court be graciously pleased to:

1. To take cognizance of the offence against the accused and to summon the accused persons u/s 375, 496, 498A, 420, 494, 504 IPC to face the trial

2. Adjudge the accused as guilty, whether by consent or upon trial thus rendering justice.



Apoorva Dwivedi   15 December 2018 at 14:02

False fir of rape and cheating

I was in relationship with a girl from August 12, 2018 to October 18, 2018. I used to visit her flat in
absence of her mother. Her father is no more. However, her younger sister was always present when I
visited her flat. On September 23, 2018 , her mother caught me with her in her flat. Since then, she was
pressurizing for marriage. On October 16, 2018, the girl's family vacated the flat. The girl chose to shift
with me in my house. She came with her clothes and other necessary items. On October 18, 2018, I left
to my hometown for celebrating dusshera. The girl went to her mother's place and I went to my home. On
October 20, 2018, the girl came to my home in hometown with her mother and younger sister. They gave
a proposal for marriage but it was refused by my parents. To this, they screamed, shouted and abused
and entire neighbourhood accumulated. The girl started shouting "RAPE, RAPE".
On October 23, 2018, they came to my house where the girl had shifted with me. They started shouting
"theft, theft" and called 100 number. On going to police station, they didnot lodge FIR of theft and instead
shouted "RAPE". However, police asked them to leave and they left. On November 10, 2018, they lodged
an FIR of rape (section 376) and cheating (section 420). I am in government job. I have been suspended.
After FIR, nothing came out in medical. They are using social media and posting videos by naming me ,
my family members. They came to my office and did dharna. They also did dharna in front of SSP office.
All kinds of pressure tactics are being used so that I marry her. On December 07, 2018, they evicted my
house and took their belongings in presence of police. They also gave in writing that they have received
their entire belongings. Also, I have got arrest stay.
- What are my legal options in this case?
- What can I do with respect to my job?

Akshay Kaushik   14 December 2018 at 20:23

Quarry about non baleable warrant against nonpaying the emi

Hi Experts,
I would like to inform you that I have taken a Personal Loan from TATA CAPITAL FINACIAL SERVICES LIMITED I have been informed that as my 9 EMI are pending so for that An Non Bailable Warrant is been issued against me. I was Job less since a long time and I had also paid some amount from end in between. I am also attaching my Loan Statement for your reference so kindly suggest what I have to do in this matter as I am now on job and it will take some time to settle the old dues in some time for which I asked them but they are saying no they cant give any more time. So please suggest your valuable guidance in the above said matter.
Thanks & Regards.
Akshay Kaushik

Santhosh kumar   14 December 2018 at 18:45

Quashing of chargesheet

Respected Seniors,
A and B are Tasmac supervisors. one day night thought that the place was restaurant, they horned before the bunglow owned by politician. repeated sound of horn watchman of that bunglow opened the gate. when the two supervisors entered into that bunglow subsequently owner and watchman of that bunglow called police and questioned about their safety. Though A and B both are apologized, politician thinking that was a prestigious issue pressurized police to file FIR u/s. 452, 294b, 323 and 506(ii) IPC. Due to this both the supervisors were suspended from their service by their department still now. After remand and bail proceedings got over now the police altered the FIR only u/s. 447 IPC and filed the charge sheet before the MM court as Summary Trial Case. In that chargesheet also there are contradictions in the statement of defacto complainant. First hearing got over and ordered to proceed with trial. Though this is a compoundable offence , Both A and B accepted guilty then they will be terminated permanently. So they have no other way except to take the trial proceedings as per my view.
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet? whether will it be a good remedy for them to revoke their job?
2. Or can i file the discharge petition before the MM court?
3. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
4. If so in the compromise memo what should be stated to revoke their job?

may please guide as early as possible

Anonymous   14 December 2018 at 18:17

138 ni act

My judgement in a 138 NI act is supposed to be given soon. I cannot travel as I stay in another city. Can the judgement be read in my absence but in presence of my lawyer and will sentence be suspended for 30 days for filing appeal?

Anonymous   14 December 2018 at 18:11

Petition on which party has to appear in the court personaly

I have purchased one flat in Jorhat and after the half of the completion of the flat, the builder has settled in another house which is in Delhi and at present builders age is around 85 years and he is somewhat sick. But the builder is neither agreeing to complete the flat nor is agreeing to sign the sell deed and if I go for civil case then builder will deal with the case with comfort from his house by a lawyer. Please suggest me if there is any kind of criminal case where the builder has to appear in the court in every hearing without any excuses like back pain etc.. So that he will get the tremendous pressure of appearing in the court on every hearing and he cannot put his representative in court like lawyer and if he doesn't appear on every hearing then arrest warrant can be issued against him

Kavitha SG   14 December 2018 at 15:35

Will police investigation be done in sec 494 ?

Hello Sir,
My husband has performed illegal marriage then I filed complaint under IPC sec 494 where I had some proofs of marriage but those were not certified copies.
Then the Hon'ble court has ordered Police to make the investigation under sec 202.
But now, I have received certified copies of Marriage Registration Certificate of my husband which is attested "Under RTI Act 2005".
In this condition, if I submit the certified copies into the court then my complaint will get registered directly or still the investigation will be done completely.

Thanks in advance...

Harsha Harsha   14 December 2018 at 01:00

3rd case :(

I am an LLB grad ( no practice, But working as legal advisor in a local firm), orphan, Living alone in my own house, good looking , wealthy, earning handful , divorced ( 6 years ago) , standalone and independent lady.

1. In my divorce proceedings I was heartbroken as it was school days love turned marriage. Yet to go with fate, I faced all legal proceedings.

2. Relatives looked for remarriage and the guy physically misused me and cheated and dropped the marriage. Hence out of frustaton i made an FIR on cheating, breach of trust (4 years ago) through 156(3) and the court proceedings are ongoing.

3. Now my colleague knowing all my above background approached me for marriage and we lived together for 6 months in my own house.I had spent a lot for him. He never used his money. And Misused me several times and later left me and went.

Q1. Since my no.2 FIR is already in progress with court proceedings, can I file another complaint in this 3rd guy? Will court accept it ?

Q2. SInce he is aware of my ongoing court proceedings, if he gets a chance in counter, he may state that. So proactively I am planning to mention about my previous cases (divorce , FIR ongoing one) in my new complaint to court. That is fine or will create any blockers for me to proceed with legal proceedings?

I have no plans to visit police station, I am fed up of my previous 2 unfruitful experiences with them. SO directly wanted to go to court with private complaint, so he can receive summon.

Q3. On what basis I have to file the complaint. I am confused if I again the same cheating, breach of trust? One extra here is he looted many money from me. But I am confused on what basis I should initiate the complaint

Totally frustated I am. He knows my entire background. Yet played with my feelings and spoiled my life again.I want to take him to court for my justice. Hon'ble seniors kindly suggest me.

Santhosh kumar   13 December 2018 at 14:17

Quash the charge sheet

Respected Seniors,

A and B are Tasmac supervisors. one day night taught that the place was restaurant, they horned before the bunglow owned by politician. repeated sound of horn watchman of that bunglow opened the gate. when the two supervisors entered into that bunglow subsequently owner and watchman of that bunglow called police and questioned about their safety. Though A and B both are apologized, politician thinking that was a prestigious issue pressurized police to file FIR u/s. 452, 294b, 323 and 506(ii) IPC. Due to this both the supervisors were suspended from their service by their department still now. After remand and bail proceedings got over now the police altered the FIR only u/s. 447 IPC and filed the charge sheet before the MM court as Summary Trial Case. In that chargesheet also there are contradictions in the statement of defacto complainant. First hearing got over and ordered to proceed with trial. Though this is a compoundable offence , Both A and B accepted guilty then they will be terminated permanently. So they have no other way except to take the trial proceedings as per my view.
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet? whether will it be a good remedy for them to revoke their job?
2. Or can i file the discharge petition before the MM court?
3. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
4. If so in the compromise memo what should be stated to revoke their job?

may please guide as early as possible