anjali
28 December 2010 at 00:16
once the OP is declared accused by the court in private case, does it mean that charges are framed against him in a criminal matter.
Om Prakash Dhusia
27 December 2010 at 23:28
Mr.Bhagat,I have corrected myself on this issue, this was the deposition by PW under oath before trial judge.It was written by Peshkar,signed by PW and countersigned by the judge.I do not remember whether carbon-copy of it was signed with original signature of the judge separately or is the impression of original signature on that carbon copy but normally no-one signs the carbon copy because it is the copy of the original.And if someone signs on the carbon copy also, does it consider to be original?I dont think it does so?
But during our approach to trial judge's consent after bail orders from the H'ble High Court-Lucknow,he was simply blaming us for the dis-appearance of the original and declined to sign on the bail papers but when we requested him for seeking District Judge's interference then reluctantly signed on the bail papers.But he was furious and in rage & informed us that he would be conducting a departmental enquiry to find scapegoat for his in-efficiency or lapse.Any way that was not of our concern.But this indicates that he knew that he lost the ground otherwise if that document is not significantly that important, why should he bother about since he has the copy of it?But how about the accused, who are not in possession of the copy of the copy of that carbon copy?So in absence of the latter, we would be inclined to understand that the judge has convicted us without the evidence and can even claim that there was no deposition by PW as such because the other part of the deposition proves us innocent?
2)Can you sir, concur whether, still it be considered as deposition of PW for conviction of the accused in the presently decided case on 30-10-2010?
3)What these Criminal rules and Orders of the State are?State means-Uttar Pradesh or the India and from where I can get these?
4)Can you sir clarify as to what does it mean to say that,"For the instant case, it is not documentary evidence,it may be used as evidence for other case"What does this OTHER CASE you meant for?There is no other case on us.
5)The judge has already violated the law of the land, crossed his limits, shown his biased attitude, lost the valuable document,was prejudice towards accused and even blamed us for his own wrongdoings by not protecting the documents unde his custody and above all, Do Judges are not human beings, so not subjected to committing all which I have mentioned here?Even if I am proved to be wrong at later date but at present juncture what is the remedy available for me apart from going for appeal in the H'ble High Court but that is not going to come up for atleast another ten yeras or so?
6)What can be the instant remedy at present?
Anonymous
27 December 2010 at 23:10
I have querry in relation to a cr.P. code. writ appeal is filed in which i am respondent. while admitting said appeal, concerned single bench judge of hcourt has commiitted very serious error of not appreciation facts in correct ways as well not appreciating legal position. SO i wish to knw whether can i challenge this dec of admission before the dev. bench of hcourt by way of revision. i dnt want to go in for supreme court as it is beyond reach. kindly reply in this with supporting citation, if any . Thnx all .
Anonymous
27 December 2010 at 19:45
Sir,
I have filed the AB before the ASJ and have filed the POA instead of Vakalatnama as there is no professional fee is involved between us
Please inform whether its is against the code of conduct?
Anonymous
27 December 2010 at 19:04
Sir
I wud like to point out that several corruption cass are p[ending in the indian courts. Supreme Court in its order in several cases has clearly pointed out that the basic ingredients required to frame charges must be looked into. Since nowadays cbi has vbeen used as a tool to gain publicity. and the complainants becomes heroes and whistleblowers etc. only poor govt servants get caught. What are the basic ingredients required for framing corruption charges?
Demand, acceptance,recovery either all the three or anyone of them. sionce mere acceptance of money cannot prove bribe pl explain in detail
Anonymous
27 December 2010 at 17:56
what is the difference between section 304 part I and 304 part II ?
what is culpable homicide amounting to murder and not amounting to murder?
Anonymous
27 December 2010 at 15:54
Suppose a thief burglared my house, suddenly I enter my house, the thief attacks me but I kill him before he could hurt me.
Would I be tried for a murder or not?
Anonymous
27 December 2010 at 14:30
Against chargesheet u/s 420/467/468/471 , BW has been issued against the accussed for appearance. But for bail, my counsel is stating that these offences are non-bailable and bail application shall be rejected by the lower court even it is very strong case because lower court do not grant bail in such cases and reject the application outrightly without going into merit of the case. He also suggested that in that case accussed will have to go to jail till his bail is accepted by DJ/Session court. Is this correct that lower court do not consider the merits of the case under these offences OR can we file bail application directly to session court. What are the remedies to save the accussed from going to jail if his case is highly meritious.
R.N.Pandey
27 December 2010 at 12:24
mother's property of an absconder accused U/s 302IPC ( as shown by police ) can be attached U/s 83Cr.P.C. If not ps. give us rullings
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498A hearing help
I have just received Summons from the trial court for case filed against us u/s 498A/406/502/3/4Dowry Prohibition Act. I want to know what happens on the first date on appearence.
1. Bail- I the main accused in on regular bail but my parents are on stay arrest from HC tht was granted on filing the writ i/s 482 -Quashing of FIR- but since now chargesheet is filed we will have to secure regular bail for them......will securing bail be difficult.
2. If we go for Quash on chargesheet- we may get further stay on proceedings from HC but is that helpful or its better to start in the trial court.
3. If in the trial court the other side lawyer claims for false streedhan claims will it impact the parents bail...the girl took all her jewellery but some clothes are at our home as she left abruptly and filed this case that could not be returned. The police also did not investigate from us and never asked to return anything.
4. Is securing bail after chargesheet difficult specially in UP even after the main accused is granted bail. I am not afraid of the proceedings but only with the bails.Though its discretionary power but once we get bails there is nothing to fear about the case and the people filing the cases know this so they dont leave any stone unturned to object the bails.
5. As after bail I will not be willing to compromise and so is my stand know but still at present there remains a fear of arrest of my family that is the winning point for the other side.
Please guide.