Anonymous
04 May 2011 at 12:22
I am an accused in a case u/s 138 NI. In this case, the counsel is supposed to cross examine the complainant. However I have 2 points to clear. (1) The complainant is not appearing himself, his son is appearing. However, I have never dealt with his son. Whatever discussions took place were between myself and the complainant. (2) My counsel does not ask the questions I tell him to. He just prefers to postpone the case. Can I intervene and ask the questions myself? if so, how do I approach the Hon'able Magistrate?
I further would like to emphasize that the cheques in question were collected by force, threatening and by bringing the Police Inspector home without any complaint or notice. The said Police Inspector then forced me to come to the Police station, which incidentally was neither under my jurisdiction nor the complainants jurisdiction. The Police Officer was personally known to the complainant and he threatened me to give the cheques.
Any comments or advice will be greatly appreciated. Thanks in advance.
Arup
03 May 2011 at 23:37
What is continuing offence under CRPC sec 472? Where lays the difference CRPC sec 468 & 469 with CRPC sec 472?
Is there any HC or SC judgment by which it can be determined that, the this particular offence fall into 468 or 472?
Arup
03 May 2011 at 23:04
Whether a 498a victim can apply for compensation under the provision of CRPC sec 250? Or any other provision is there? Can anybody tell me something about CRPC sec 250? Please enlighten me. Thanks.
arun prakash dwivedi
03 May 2011 at 21:14
i lodged a f.i.r.against my predecessor officer and three employee under said i.p.c sections on the basis of fact finding report an inquiry committee fact finding report.the committee appointed by chief development officer. those culprits accept their crimes before i.o. charge sheet against culprits submitted in court. but my deptt neither proceed a deptt enquiry against all of them neither they are questioned about their misdeed.but annoying by lodging f.i.r. against those employee my A.C.R.has been declared unsatisfactory by our seniors and chargesheet has been issued to me that why did you lodge f.i.r. against those officer without seeking permission of their appointing authority . my question is 'IS it necessary to seek permission of appointing authority before lodging f.i.r. against any employee ?
M Naveen
02 May 2011 at 22:38
I am a Service tax Inspector with impeccable record. I was also one of the youngest inspectors to have joined the dept and have no adverse remarks against me. Due to the social work done by me, the local municipal councillor has written a corruption complaint to my dept head stating that i have earned lots of money by corruption and am building a house worth more than Rs. 1 crore. (the house is being built by a housing loan and lots of other loans). Everything he has stated in the letter issued in his Official letter pad is false. He has even insulted my mother stating that she is second wife of my father. What would be the best course of legal action against him for trying to spoil my honest record and the first complaint against me in 15yrs of service?
Anonymous
02 May 2011 at 22:30
71. Power to direct security to be taken.
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the court the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state-
(a) The number of sureties;
(b) The amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
(c) The time at which he is to attend before the court.
(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.
Question: But what is the actual amount of sureties in cognizance offence & can a sureties bond can be executed in the police station or he/she can execute at the place of the person where he/she is going to arrest him?
Eg: B court has issued a warrant against a person known C. D a police officer has the warrant & goes to the place of the person where C resides or works or were he/she is found. Than can C executed a bond at the place of his resides or were he/she is working & the police officer has cam e to arrest him or C has to compulsory visit the police station to execute the Bond.
Section 71 (1) say that “”””by endorsement on the warrant that””” as the word””””Discretion””” is used so we can say that if the warrant is issued for arrest but at the back of it (endorsement) it has not mention that bond can be executed than he/she cannot be released on bond he/she has to compulsory arrest to the police officer. So it is not compulsory for the court to endorsed back of the warrant that if the person execute the bond than he/she should be released right ?
Thanks.
Anonymous
02 May 2011 at 22:27
58. Police to report apprehensions.
Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.
So what does the limits of their respective stations means ?
75. Notification of substance of warrant.
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
Meaning of shall notify the substance ?
Thanks.
Md Shadab Ansari
02 May 2011 at 17:59
If anyone post news from different newspapers in his blog will it amount to violation of Copyright?
Ajay Kumar Reddy
02 May 2011 at 15:24
My ex wife (I got divorced decree on the basis of cruelty by Family Court & HC is also conformed this judgment also.) has given 498A application along with affidavit. In that application she has signed and given the date 22/05/2008. In this affidavit, which is notrified on 09/05/2008.
When the evidence has taken of PW1 of my ex wife, she has told that this affidavit is notrified on 22/05/2008. This affidavit is done on Durg (Chhattishgarh).
Notary has come given the evidence in favour of me and he has told to the court that has notrified on 09/05/2008. In that affidavit it is 22/05/2008 it is wrong. He has done his notrified on Raipur City.
Please tell me what application I will give for her to take the cognizance against her. What action should be taken by court at which section? What is the punishment will get by her please suggest me. If any citation then please provide me also.
Ajay Reddy
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charging a police officer for non registration of FIR
Can a complaint be made against a police officer for non registering FIR and charging him under section 217 IPC ?
Is approval of senior officer is to be taken by the complainant before filing a complaint ?
Any case laws on the subject may kindly be indicated.