Om Prakash Dhusia
27 December 2010 at 04:21
Dear Mr.Arun Kumar Bhagat:You asked me about carbon copy evidence.Sir in our case u/s364/302/201IPC,PW stated in his testimony that,"He mentioned accused name on somebody's instance" and his testimony of that day was over.But after some months he was re-called by the court and PW changed that dialogue into that,"He saw the accused and after recognising them well, mentioned their name", to which our then defence lawyer did not cross-examined him and left the court in disgust.At the end, the judge relied on the last testimony of PW and convicted us on the available carbon copy of the last statement.
Ironically when we went to court for the copy of that statement it was informed by the court employee that the original of the last statement was found missing from the files and only a carbon copy of that statement was available and we were not supplied the copy of that last statementfor being original not available.What I am asking about is that:1)The statement of PW is written by peshkar or court clerk,signed by PW and conter-signed by the Judge, so that becomes a DOCUMENT.Does this statement comes under the perview of section 65 of Indian Evidence Act or not?
2)If not then under what act or law this statement considered as?
3)Can judge rely on this carbon copy of the original statement for conviction when original is un-available?Because as per above act, this can not be treated as document since it can not be compared with the original.
4)Since judge has already finalised the case and sentenced the accused on 30-10-2010,by relying on the carbon copy,he can not recall PW to re-record his statement,what recourse the judge has now?
5)Can the Judge with the consent of defence and prosecution lawyers build a replica of original for submission in the H'ble High Court during appeal by the accused,because then that would amount to forgery?
6)Or the judge is free to act as per his wishes because he can not be challenged for his misdeeds?
7)Where to approach for its redressal since appeal may take another ten years, though I have submitted a complain to the H'ble Chief Justice at Allhabad High Court on 19-12-2010 vide registered post.
This is a very delicate and complicated issue, so please think it over and advise me accordingly.
Anonymous
27 December 2010 at 00:36
i am complainant of a 138 n.i.act case and on the date of Judgement the accused didn't turned up, magistrate ask surety to produce on the next day. what happen if the accused didnt turned up on that day.
Anonymous
27 December 2010 at 00:33
i lost my case u/s 138 n.i.act in april 2019 but i didnt appeal against till date. What are remedy for filing appeal.
Anonymous
26 December 2010 at 21:28
Can Verification / affidavit in support of false averment in a Civil Suit be enough to pray for enquiry u/s 195 or proceedings u/s 340 ?
Deepak
26 December 2010 at 19:44
I found this forum right now.. this forum is awesome for the youth who didnt know the law. i hope u the only guys can help!
hello sir, my new nokia 5230 mobile was theft in my home last month(caused because of the opened door).So i went to police station. They simply didnt care about my complaint. anyhow, they asked me to come on the next day and they simply gave me the complaint receipt.
The name of the receipt they gave is "COMPLAINT PETITION ACCEPTION CERTIFICATE"
also he said, if he file the FIR, then their higher official will kick their xxxxx. like that he said. lol.
in that complaint receipt, it had mentioned that with in 2month, they ll take action for the complaint.
But i know its just a time pass and for convincing the people.
i called the nokia customercare and asked him to block my imei number. they said that that blocking facility is only in the western countries and not in india.
I know they r telling lie.
I planned to go to police station after 2month. Let me check what is their response.
But one of my friend asked me to go directly to the cyber crime branch. he said they can easily find the thief using the imei number.
Now my question is
1)what is my next move?
2) Shall i go to cyber crime division and provide this compaint receipt?
if they are not serious, then
3)Shall i apply for RTI for this?
please guide me..am waiting for ur reply.
Anonymous
26 December 2010 at 15:56
against order of high court u/s 482, within what time appeal to SC may be filed.
Anonymous
26 December 2010 at 15:45
Against an FIR u/s 420/467/468/469 against me, I obtained Arresting Stay from High court till charge sheet. Later on police filed charge sheet. However I came to know about such charge sheet about after 3 years when I received BW from the concerned court.I moved for quashing of charge sheet before High court, but which was dismissed. Now my advocate is advising me to file petition u/s 239 instead of bail. Please advise.
Nilesh Agarwal
26 December 2010 at 09:17
Dear sir/Madam,
At the time of interim maintenance order by the magistrate.
1) Layman can be permited to say his words again to the magistrate.
orders made by the magistrate can be canged from the words of respondents at the time of interim maintenance orders.
2) even then orders passed which is not in favour of layman where he can appeal for stay or cancel orders.
3) applicaton weere given for copy of marriage album in the court at the time of hearing but court has not given any answer in the next date and not even passed any order to applicant to provide copy of marriage album.
4) if lawyer of applicant has also done mediatorship and filled the case of dv for the accumulation of money as applicant do not want to stay with respondent.
if
respondent proves that lawyer of applicant also a mediator and it is an purposeful act is it provide any benefit to the layman side.
Thank you with respect.
tarun
26 December 2010 at 06:31
respected members
in a cross case it is alleged that the one of the accused hit the complainant by iron rod and disfigure the left index finger of the complainant, this is a false allegation case regisrered u/s 325 i.p.c, and the accused filed anticipatory bail application before session judge, the addl. session judge ordered the accused to join investigation on 27.12.2010, now the IO in this threatning the accused persons that they must have to write that the iron rod has been throwan in a running cannel(nehar) or they must have to produce to iron rod, but when the crime has not been committed and there is no iron rod so alleged, then how the accused produce it? the I.O also threatning that if accused will not obey then he will say to judge that the accused had not joined the investigation or the accused did not cooperate in investigation, and the anticipatory bail will not be granted to accused, now the accused has to join investigation, but the case is false and i.o is making pressure. what are the remedies availble to accused person??????? the i.o is in favour of complainant who is also accused in cross case.
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what is meant by 120(B) r/w sec 7, 8, 13(2) r/s 13(1)(d) of pc act 1988
can any one pl explain the meaning of the above charges whether only 120 B is main charges or charges under all sections metioned above