abhimanyu
05 September 2018 at 18:11
A woman and a senior citizen man has filed a Criminal Complaint with Delhi Police against some miscreants. Interestingly, Delhi Police officials are calling the woman and the senior citizen man to Police Station over phone only. It has been given to understand that a woman and senior citizens cannot be called to police stations in Delhi and more over if they have to be called, they have to be given proper written notice.
It is requested that Rules of Delhi Police for calling people to Police stations for investigation may be provided.
Ujjwal
05 September 2018 at 10:09
When a court is exercising jurisdiction to quash an FIR under Article 226 r/w section 482 of cr.p.c. can the court set aside the FIR on the basis of settlement between the parties.
In case, the answer to above question is affirmative then does that agreement gets the authenticity of the court like you get application under order 23 rule 3 of cpc and the decree can passed. What are the distinction between the order passed by HC u/a 226 of the Constitution and section 482 of cpc?
Roshan Singh
05 September 2018 at 00:33
Police file chargesheet without arresting accued sec420 and jugde next date for chargesheet consideration. My question on consideration judge dissmiss case or please provide next step? Please explain all step. Please help me.
Ranbir
04 September 2018 at 23:23
Dear sir
I am a contractor by profession and had done construction of RCC structure of a house of a government employee of a government bank that the said owner had given me one lakh in installments for the construction of the said house while construction of the said house I was misbehaved by the owner as well as by the family of the said owner who also had a very bad reputation in the society because of their bad behaviour which was unknown to me that on such circumstances I decided not to do work at the site of the said person and also requested the said person to pay my remaining work done amount of rs one lakh to me but he is blatantly denying me for the paying my money stating that do whatever you feel like I will not pay the remaining amount to you sir please provide me the relief to get back my money
Anonymous
04 September 2018 at 12:30
- Aug 2011 - I Filed Judicial Speration case
- Sep 2011 - She filed - 498A , DV , CRPC 125
- Jan 2013 - She filed one more criminal Case related to Passport. it is currently in HC for squashing.
- Aug 2013 - I withdrew Judical Sepration Case and filed divorce case in Aug 2013. She filed RCR against divorce.
- Jun 2016 - Final order passed for DV.
- Sep 2017 - Final order passed for CRPC 125
- OCt 2017 - My father was detected with Cancer and I decided to compromise leaving aside all the difference and focus on his treatment.
- Nov 2017 - He expired , but I still decided to go ahead with compromise.
- Nov 2017 - I visted his father's office, to decide when to have family meeting and settle the issue , where me and my wife met. We had some intimate moments , which were captured in CCTV of her father's office.
Neither she or her father told me that CCTV is there and its on.
- DEC 2017 - She calls me and ask me to give affidivate in Family Court , to put hold on the recovery warrant and Divorce related case.I did whatever she said.
- Dec 2017 - Later that month she ask me to do the same in the 498A case. to which I said I am busy with my father's rituals you do that. To Which she denied. I told her to be calm.
I requested her to withdraw 498A case as that was my father's last wish. She said she will not withdraw 498A or any other CC.
- Jan 2018 - WIthin one month of giving the affidiave , she issued a recovery warrant
- Feb 2018 - I went to court and requested the judge that settlment talks were going on. Her lawyer and judge said take her with you rite now or pay the amount. So I Paid the amount.
She stopped taking my calls or replying to my messages.
- April 2018 - I withdrew my divorc case , so that I can give her some faith that I am only thinking of reunion and you too think on the positive aspect.
As soon as I withrew the divorce case , RCR case was ruled in her favor. She gave the DVD of CCTV footage and projected me as BAD husband.
- Aug 2018 - 498A case trials begins and she is currently being examined and she had mentioned (all lies) from Start of our marriage till April 2018.
She is producing judegments of DV , RCR and 125 in 498A case.
What I want to know is
- Can she produce judgments of DV ,RCR and 125 in 498A case.
- What will be the impact of Affidivate done by me in family court to take her back , after which she issued warrant for money.
- Can she file another criminal case on me based on the CCTV footage. I am sure the CCTV that they have is not the complete footage.
- What should I do regrading RCR order passed in her favor. I am getting summouns from family court to take her back. I will be appear before the court and say I dont want to live with her.
- Can I file for divorce again and if yes on what grounds.
Jagan Mohan
03 September 2018 at 08:53
Dear Experts,
I had filed a police complaint for a cognizable crime through the SP (the police initially refused to entertain it).
The crime was against three people who had written derogatory messages on WhatsApp that was both defamatory (IPC 499) as well as insulting the character, morality and chastity of some of our women office members.
THe Complaint was registered, but instead of IPC 509 that we complained under, the police insisted (based on their consultation with some retired Public Prosecutor and his advice), on filing the FIR under IPC 294(b) and IT Act 2000, Sec. 66 (which I had pointed out to the Police that it was repealed by the SC - they did not listen).
The police did a shoddy namesake investigation and filed a closure report with the Judicial Magistrate that no case could be made out. I do not know the details of that report.
I received a notice from JM to show cause why the investigation must not be closed based on the police report. I have to report before 6 Sept.
My questions are:
1. I understand that I can file a protest petition against the shoddy investigation under Section 190(1)(a) of CrPC. However, before I file a protest petition, can I ask for a copy of the police report along with all the evidences and notes collected by the police so that I can precisely understand and counter that closure report? Under what section would this petition be filed, please?
2. If I file the above petition requesting for a copy of the police report and all other investigation material relied upon by the Police to arrive at the closure report, can I ask for an extension of time to file the Counter petition against the closure report?
3. Most Importantly, in my protest petition, Can I ask the Magistrate to add the correct IPC Sections (IPC 509) under which I had made the Complaint?
4. I understand that I cannot demand for specific police or station to conduct the investigation, but the police at my station are very inept at understanding social media, whatsapp, etc to an extent that they are ill equipped by training, access to technology and equiptment to conduct the investigation properly. Can I seek for the investigation to be handed over to the cyber-crime or atleast ask the JM to direct the cyber crime unit to assist in the investigations?
5. Lastly, can I ask the JM to monitor the investigations (I understand the JM cannot conduct the investigation unless it is a complaint case).
Also, can anybody suggest a good CRIMINAL prosecuting Lawyer at Cuddalore and/or Pondicherry, please? (If this is ok with the rules of this forum).
Thank you, sirs, for sharing your most valuable expertise and time.
Most appreciated.
Anonymous
02 September 2018 at 20:46
AFTER THE MAGISTRATE DIRECT A INVESTIGATION BY POLICE OFFICER, ON FLING A PRIVATE COMPLAINT BEFOR HIM FOR OFFENCE U/S 420 IPC . THE POLICE SUBMITS ITS REPORT AND STATE THAT NO OFFENCE COULD BE SEEN OR GIVES A NEGATIVE REPORT.
WHAT IS THE FURTHER PROCEDURE / STEP TO BE TAKEN BY THE COMPLINANT OR BY ADVOCATE FOR COMPLAINANT.
NOTE: THE WITNESS REQUIRED TO BE EXAMINED WAS NOT EXAMINED AND ONLY STATEMENT OF APPLICANT / COMPLINANT AND ACCUSED WERE RECORDED AT POLICE STATION.
THANK YOU
aman
02 September 2018 at 19:18
We are in a family dispute since 2012. in which my father had filed a criminal case against my elder brother ,his wife , and his in-laws, u/s 452,323,504,427,147 ipc after this a counter case was filed by my brother�s in-laws u/s 498a,324,323,452,504,506 IPC against my father ,me and my elder brother also, during the investigation my brother�s wife gave an affidavit to police that she doesnt have any problem with her husband(my brother) so police filed chargesheet only against my father and me.we are on regular bail since then ,on the ground that we are not the main accused.
Now we have reached in a compermise state and my father has given statement in court that he wants to take back his case ,similarly my brother�s wife and his in-laws have given their statement in court that it was a misunderstanding and we also want to take our case back. Now our advocate is saying that before the judgement of court we will have to take bail again u/s 437 crpc. Is this correct or not please guide.
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Scam amount need to recovery
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My friends dad is an govt employee...he hired an agent for his medical unfit process...he deposited 6 lakh rupees in agent relatives account...moreover medical unfit process got failed & he gave promise to refund the amt by August 2018...unfortunately he got expired due to heart stroke ...now his family members refuse to d amt...all of d conversation b/w them via text msg...
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