Anonymous
19 May 2011 at 08:38
Sir
The following are the brief facts of a case pertaining to corruption filed by cbi.
A: An advocate, B: Jr. Adv. of A or assistant to A C: A Govt employee D: Govt Employee
Complainant has filed a complaiant to CBI that A had informed him that C and D are demanding bribe to do a work. Thereafter the Complt accompanied A and met those C and D and A Spoake to them in a regional language which the Comp did not understand and A informed him that they are demanding money. On the next ay A B and C met the complt and showed that the work is already done and B demanded money from the complt. Again two days after the complt.lodges a complaint with CBI informing and naming C and D in the complaiant demanding bribe. On this fateful day A informs the complt that he is coming alongwith the said staff to the place where the complt. was staying and took B and C with him. The introduction takes place between Complt. B and C.It may be no9ted that A took these two persons B and C by naming them as govt stafff wheras B is the jr to A. hence A mighyt have projected his junior B as D or impersonated as D.Since the complt. has never met D in any manner, so only on the basis of hearsay of A he presumed that the person in front of him is D and named him in the complaint.Now the CBI lodged an FIR naming B and C. Nmae of D not mentioned in the FIR. In the evening on the same day A again took B to collect the money . when B was caught red handed he could not say anything for whom the money is meant for etc. Then A minformed the CBI that the money is taken for C and D. A was in fear because B might handover the money to him and he will be caught so in fear he told the CBI that this taintyed part is meant for C aand D. Instead of Calling C from his mobile A contacts D, since A knows that contacting C will again put him in trouble since again C will name him to CBI . D did not know anything about what was hapopening. A called D and requested him to come outside for a discussion unknowingly D mmeets him. On the meetuing B ask a query about the procedures of about a work. for which D explains about the systematic way and procedures. nowhere in the conversation any particular work or anything of that nature takes place only about the procedure and ways were taken place. B was in fear be cause he impersonated as D so he somehow hands over the money to D without his knowledge just places the money in the hands of D. Immy D was caught by CBI thereafter they directed him to contact C and handed over the money to C . wityhout any h3sitaqtion or reply C accepted the money and was caught.
The work for which the money wqas demanded or paid or extraqcted that work was already done as per the directions. C and D Cannot do this work and no way related to that work they are very junior 3empoloyees.
Now th CBI has charged all the four awith sec 120B, read with 7,8,1392) and 13(1)(d)
Now my question before the expers ais :
What is the meaning of Read with.
What will happen at the framing of charges whether charges will be equal ato all the four or different charges will be framed, if so what charges are likely to be against D and what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally . The new development in this case is the complt has written a letter to CBI director claiming that A is his best friend and is in no way connected to this act so he should be discharged ior freed.
Name of A was not mentioned in the complaint and ain the FIR but he was Chargesheeted as Accused
Name of B was not mentioned in the complaint but he was named in the FiR
Arrested and got baiul
C: Nmae of C mentioned in the Complaint and in the FIR ; arrested and on bail]
D; name of D mentioned in the complaint BUT NOT IN THE F.I.R. Arrested and on baiol
If guidance is given I shall be very grateful
Anonymous
19 May 2011 at 02:29
What is procedure after police file report to court.
How much time it take to issue summon.
How to get copy of chargesheet.
What happen to AB bail
B Guru Murthy
18 May 2011 at 20:41
Dear Experts,
I have recently received my 498a summons from lower court.
Accused whole family members.
Is it the right time to go for Stay,
Are there any chances/counters to stop my stay by the other party.
Anonymous
18 May 2011 at 20:28
Ld advocates,
Husband demands dowry, wife files a restitution petition to live with husband but later wife came to know that husband commited fraud she withdrew the restitution petition before family court and files a criminal complaint.
Does these events mean wife condoned dowry demand and hence husband cannot be prosecuted for dowry demand. even if prosecuted will this condonation raise any reasonable doubt in acquitting the husband.
Please give your expert views.
anantha madhav
18 May 2011 at 20:27
Hello Forum Members,
Can we file quash after receving summons.
If so, what exhibits are needed apart from petition.
Your answers please.
AtulSha
18 May 2011 at 19:35
Respected Sir,
I have been made as accused no.2 in a case in Ujjain (M.P.) under sections 420,468,471 under which I was imprisoned for a week and in 2008 I was grantede bail by honourable Indore High Court. Thereafter my lawyer has been attending the case in 4-5 times I have also attended the court . The chargesheet has been framed and It so happened that on 10.12.2010 my lawyer at Ujjain unfortunately forgot to file exemption petition on my behalf and again the Sessions Judge cancelled my bail and issued warrant. As my wife had an operation lfo9r Breast Cancer in Coimbatore and then in Mumbai I am not able to recall the warrants as there is no body to look after my wife for regular treatment which will conatinue till July 2011 for chemotheraphy. In this case can we recall the warrant without the presence of the accussed or any other arule ot recall without any hardship as i find there is some risk to surrender due to the influence of the local people who are the complainants.
Please help me out of this problem,
with Warm Regards
AtulSha
Anonymous
18 May 2011 at 17:27
Dear Experts,
If any one, gather the mail- ids and forward them alleging "X" company, does this "x" company can file a case, if so how ?
what action to be taken ?
what are the acts and sections related to this crime ?
Anonymous
18 May 2011 at 15:42
We are facing false 498a, 406, 34. My charged brother has been now in jail since 27.04.11. Session/JMFC have been giving hearing on 04.05.11, 12.05.11, 16.05.11, 18.05.11 & 21.05.11 without justification as there is no prima facie in that case as there are no medical proof, no witnesses. On 12.05.11, our lawyer asked the IO (ASI) about the arrest warrant as he arrested my younger brother without arrest warrant and search warrant. Then the Session Judge called for the statement of IO (ASI) & SHO of the concerned Police Station but they didn’t turn up on 16.05.11 and 18.05.11 that’s why Judge re-fixed the hearing on 21.05.11. Meanwhile the ASI threatened my younger brother by saying that he would not let him out from the jail till next year.
If ASI will always absent willingfully to attend the court then what would happen & the Session Judge is neither accepting nor rejecting the bail of my brother. How can we get my innocent brother out of the Tihar Jail. Please give me some advice. Thanks in advance. I require ho'ble members' advice very urgently.
Anonymous
18 May 2011 at 15:37
RES JUDICATA APPLIES ONLY TO THE CIVIL PROCEEDINGS.
Question: Case law which say that it is applicable to the civil & not to the criminal proceedings.
Civil Proceudre code, 1908
Doctrine of res subjudice Section 10
and
Doctrine of resjudicata Section 11.
What is the difference between the above 2 section .
Thnaks.
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Boy Vs. Girl
Dear All Sir’s
A girl about 19+ years of age, every now and then make call to a boy, his age also 19+ but the boy want to avoid her. So the girl threaten the boy that she will commit suicide herself, this happen very often, yesterday the boy went to inform all these to her father and did accordingly . After few moment the girl again call the boy to a place over phone but he didn’t went to meet her after this father of the girl also called the boy and threatened that he will make a FIR of kidnapping of his daughter.
For these the boy is feeling insecure, irritates and can’t concentrate in his studies for last one year especially for her threaten of making suicide herself.
Therefore my humble request to you all what action the boy or his family can take against the girl or to her family. Please advice.Please
Thanking in anticipation.