Anonymous
21 March 2011 at 22:16
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, --
(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) If it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:
Provided that where such offence-
(i) Was against any law relating to a matter to which the executive power of the Union extends, or
(ii) Was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) Involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) Was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
So what do u mean by (If it is made before a charge has been framed) & (If it is made after a charge has been framed) & can we say that the last para """
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
So if the the prosecutor is not appoint by the central govt than unless he has taken the permission or the central govt gives the permission to leave the case he/she shall not withdraw himself for the case. & What if the state governmet appoints than whether permission if required or not ?
Whether it is applicable to the additional & assistant public prosecutoe also ?
Pls Guide me in more detail on the above mentioned topic Pls.
Thanks.
Anonymous
21 March 2011 at 22:02
Wife(X) files for annulment of marriage on ground of impotency of husband(Y).
X submit virginity certificate as evidence.
Now, is it the duty of Y to file application for Y's potency checkup?
If Y did not file the above application, can X automatically win the case without asking for Y's potency test?
Anonymous
21 March 2011 at 22:02
I am getting abusing emails from one person. I want to proceed legally on this. please suggest me with best procedure to file a case.
shinu174@gmail.com
21 March 2011 at 21:57
respected sir
i want to know that is there any way by which victims family or lawyer in murder case can get the copy of postmartum report if not then how can they verify the loyality of documents
plz help sir........
Anonymous
21 March 2011 at 21:33
hey....can anyone plz help me??i need to know the recent judgement of delhi high court on the jurisdiction.Plz guyss..need some help!!!!
Anonymous
21 March 2011 at 19:49
Hello Everyone!
Need some advice please.
I joined a company on 16th of March.While joining they took a security cheq worth 80,000 rs and a bond was signed for 2 years.They were supposed to provide me 6 months training .
In August (7 months latter ) had some family emergencies and had to go back home.I wrote an email to them ,which had no replies ,When i came back i could see letters asking me to pay the money. I went back to them .They said they want to punish me. I explained them the situation back home but they had no mercy .
I was called on the 22nd of feb to the court where the case was filed as a criminal offence.Becoz i was not supplied all the documents i was not prosecuted that day .I was again called on may 5th. The lawyer said i shouldnt have commited that i gave them the cheq. the only option is to pay the ammount to the accused. I don't have that money to pay. Please Please advice what can be done . Lawyers here in delhi are not very helpful.They need money even to talk. I understand its there bread and butter but i really don't have money to spend . Please help me what are the grounds of fighting this case .
Thanks
Anonymous
21 March 2011 at 17:01
A person who lodges a complaint to police or some investigating agencies. Thereafter the investigating agency catch hold of the named persons in the complaint. Thereafter the complainant goes to the press/media gives wide publicity in which he states a different story than what he mentioned in the complaint to the investigating agency. The statement which he givezs to the agency also differs from that of the complaint. So my basic q1uestion is WHETHER THE STATEMENTS GIVEN TO THE PRESS OR MEDIA AND INTERVIEWS GIVEN TO THE TELEVISION CHANNELS CAN BE USED AS AN EVUIDENCE ? IF SO, WHETHER ANY APEX COURT JUDGMENT AVBLE WITH THE EXPERTS.
SINE THE STATEMENT WHICH HE HAS GIVEN TO THE PRESS IS VOLUNTARY AND NOT UNDER ANY THREAT OR IOERCION OR PRESSURE. HENCE I WHANT TO TO CLARIFY THAT WHEN AN ACCUSED GIVES A STATEMENT TO THE MEDIA AS IN THE CASE OF PARLIAMANET ATTACK AND IN SOME OTHER ASE WHEREIN THE APEX COURT HAS UPHELD THAT IF THE ACCUSED STATEMENT TO THE PRESS IS MADE NOT UNDER AY INFLUENCE OF ANY POLICE OFFRICIALS THEN THE SAME IS ACCEPTAQBLE. IF THE SATEMENT OF ACCUSED IS ACCEPTYABLE AS EVIDENCE ATHEN THE STATEMENT OF THE COMPLAINANT MUST BE ADMISSIBLE IN THE COURT. IF ANY SIMILAR CASES CAN BE QUOTED I SHALLBE VERY GRATEFUL.
queryking
21 March 2011 at 15:05
Defendant has produced a false document in the original proceedings, it is marked as exhibit, I filed an application under section 151 of CPC requesting the court to register criminal case against him for the offense of giving false evidence but the court rejected my application stating its a bare injunction suit and its needs a lengthy evidence. Again i filed an PCR under section 200 of Cr.P.C RWS 195 and 340 of Cr.P.C, now the court has raised the objection about maintainability of the complaint by stating that, only the court can give complaint, a party cannot file complaint to take action. is my complaint maintainable? is there any citation,judgments in support of me? the alleged offence are punishable under section 193,196,471 of IPC
Anonymous
21 March 2011 at 14:48
sir, i just want to know that if a person in charged of the section 279/337ipc.and the complainant how made a complaint against accused was gone to abroad and no chance of return.in that case what will happen to the accuse the injuries are simple blant kind and he allready paid the the claim money
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Pleader or .
Criminal Procedure code, 1973 Section 24(9)
For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice, is a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.
Query : AS per the above section it has been said (is a pleader,or) becasue the word "or" & Pleader" is also included in this context pleader of civil cases has been used so can we say that goverment pleader i also eligible to be a public prosecuotr ?
2) Meaning of quasi criminal in nature as it has been used in comtempt of court act, 1971 & also the meaning of quasi judicially ? Pls With the help of a example(S).