pradeep
15 May 2011 at 22:38
MY CLIENT BROUGHT A PROPERTY VIDE REGISTERED DOCUMENTS AND THEREAFTER CREATING PROBLEM TO MY CLIENTS. RAJASTHAN POLICE TAKEN POSSION TO MAKE PIECE AND RETURN AFTER COMPROMISE IN BOTH TH PARTY.MEANWHILE I GOT STAY ORDER FROM ADJ. BUT WITHOUT VACATION OF STAY RAJ. POLICE HANSDED OVER KEY OF PROPERTY TO SELLER WHO HAVE NOT GROUND AS HE HAS SOLD PROPERTY TO MY CLIENT. I WANT TO FILE CONTEMPT OF COURT PETITION AGAINST SELL AND AS WELL AS POLICE(WHO IS NOT PARTY IN THE CASE). MAY I FILE CONTEMPT OF COURT PETITION AGANIST POLICE ALSO PLEASE GUIDE SOME CASE STUDY OF RAJ. HIGH COURT ORDER AND SC ORDERS IN THIS REGARDS.
Anonymous
15 May 2011 at 18:36
sir,
We have been arrested under pc act in feb 2009. CBI filed its charges sheet on 6.oct 2010 i.e. after a gap of 21 months. There are four accused in this case and the CBI is still to give a copy of charge sheet to one of the accused i.e. till may 2011 they have not given it. CBI also failed to supply the voice recordings CD or Cassette till date. Trial court ordered since nov 2010 to hand over a copy of recordings, but on every hearings the cbi gives some vague reasons or the other. Now finally when the court issued notice to SP they have a come with a new idea by saying that the office is shifting qand on the next date they will comply. On the next date they have given anaother reasons that the copy of recordings became corrupted and now fresh orders are required to get it copied from CFSL. When the supreme court itself has held that all pc matters to be taken up on priaority basis even after a lapse of 2 and half years no tria has begun. Now deficient copy to be supplied and framing of charges to be heard and then trial begins. One of the accused is falsely implicated , he wants to hear expediutiously is there any way out. is there any apex court decisisiuon which says inordinate delay without assigning valid reasons the case is liable to be quashed. cbi copurt is also not entertaining dischare application. the court says when it comes for framing charge then argumensts can be made . is there any remedy or is it an eye wash
Anonymous
15 May 2011 at 12:18
Dear members / experts / friends Please suggest me in the following matter.
A girl married 3yrs ago, dowry and other gifts adorned to the husband and inlaws. soon after the marriage improper treatment and neglected the wife with the institence of parents. all they demanded additional dowry. beat the innocent girl many times. both the inlaws demanded to give the gold ornaments presented to the girl by her parents and asked to bring more money, upon her unwillingness Husband used to threaten to kill her and children and will get remarried with another lady. she begotten 2 female childs. she did not taken back even after the 2nd delivery. one day evening father inlaw of the married women called her parents and asked them to take back her with out explaining any reason. Threatned that If they wont she will be killed. affraid of that situation she was brought to her parents house as she was neglected by the inlaws and husband. Recently she came to know that her husband ready to leave to Singapore and he had illicit intimacy with other lady (details unknown)
Did the 498A attract? What are the important ingredients? above mentioned points are sufficient to claim relief or any corrections and inclusions may be suggested soon.
nagarajupatro
15 May 2011 at 12:17
Dear members / experts / friends Please suggest me in the following matter.
A girl married 3yrs ago, dowry and other gifts adorned to the husband and inlaws. soon after the marriage improper treatment and neglected the wife with the institence of parents. all they demanded additional dowry. beat the innocent girl many times. both the inlaws demanded to give the gold ornaments presented to the girl by her parents and asked to bring more money, upon her unwillingness Husband used to threaten to kill her and children and will get remarried with another lady. she begotten 2 female childs. she did not taken back even after the 2nd delivery. one day evening father inlaw of the married women called her parents and asked them to take back her with out explaining any reason. Threatned that If they wont she will be killed. affraid of that situation she was brought to her parents house as she was neglected by the inlaws and husband. Recently she came to know that her husband ready to leave to Singapore and he had illicit intimacy with other lady (details unknown)
Did the 498A attract? What are the important ingredients? above mentioned points are sufficient to claim relief or any corrections and inclusions may be suggested soon.
Anonymous
15 May 2011 at 11:33
Simply Difference between malicious prosecution and for defamation. Because defamation has been defined u/s 499 but what about malicious prosecution in which case law it has defined. Pls also tell the meaning of it. If there any case law which define malicious prosecution than pls post in this forum.
Thanks
Anonymous
15 May 2011 at 04:29
NI Act, 1881
Section [143. Power of Court to try cases summarily.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees:
Criminal Procedure code, 1973
262. Procedure for summary trials.
(1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
query :
As per section 143 of the NI Act, 1881 it has been said that all the provisions of section 262 to 264 is inclusive is applicable so as per section 262 of the crpc if the case is trial under summary manner than minimum sentence is for 3 months right & as per the abovementioned section 143 of the NI act, 1881 it should not exceed 1 year so form the reading of both the section we can say that the minimum sentence should be of 3 months & maxmium of 1 year for any offence made under NI Act i am right ?
So can we also say that as per sction 262 of the crpc the trial under NI act are always a summons case ONLY ?
It has been said that under section 262 (2) of the crpc , 1973 sentence should not exceed 3 months ? so why section 143 of the NI ac say that it can be extend by the magistrate if deem fit to exten to 1 year so which will prevail whether section 262(2) of the Crpc or section 143 of the NI Act, 1881.
2) As per section 2 of the crpc it has been said that any case which is not a warrant case is a summon case so as per the IPC is any offence is punishable for less than 2 years are called as a summons case right?
Thanks.
Shahnawaz Khan
15 May 2011 at 04:01
In trial of u/s 323,325 IPC applicant/injured died before frame of charge and witnesses(pw1,pw2&pw3) are hostiled and genuinus admitted.what will next proceeding and what will the judgement?
vinod bansal
14 May 2011 at 23:45
R/Members LCI
In one of my criminal case,chief of I.O. was recorded but cross was deferred for next date,on next date I.O. could not appear and Prosecution evidence was closed by court order.Now what is evidentary value of chief of Investigation officer without cross examination.Kindly advice Regards
San
14 May 2011 at 23:22
Hi, Just need to know if a person is sentenced 12 months RI in Punjab, will 12 months means the exact 365 days of imprisonment or less or more?
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Advocate trapped in Wrong FIR ?
Dear Sir,
My advocate friend has trapped against the wrong FIR lodged against him under electricity Act 2003 by the Vigilance Team U/s 135/138(non-bailable) of EC Act before the concerned Police station. In Uttar Pardesh there is not provision of Anticipatory Bail like other states in India.
Now my queries are:-
Q1. Will my friend has to apply for bail U/s 437 of CrpC first for contesting the FIR before court or he directly file his objections against the Wrong FIR before court for testing the authenticity of the FIR ?
Q2. What are the shrewd defense steps to get out of this wrong FIR against him ?
Q3. If my friend keep quiet and sit at home will the FIR will automatically will be finished under Sec 167 of CrpC after if the no investigation occurred in six months or final report submits by the Police?
Q4. Is there any way to get out of the FIR without going deeper into it before court or a Cross FIR against the Vigilance Team will help in this matter to resolve it from both sides ?