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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Atul Kumar Khare   16 December 2010 at 16:25

Railway Act, Section 55 and 138

Situation:

A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (journey without PROPER ticket).

Railway's staff says that, that particular train was restricted for journeys of less than certain distance on specified portions of the train's route.

Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.

My questions:
(1) Is it justified to penalise passenger in above situation?
(2) Whether violation of Section 55 has been done.

Please give your CLEAR opinions.
-Atul Kumar Khare

Atul Kumar Khare   16 December 2010 at 16:22

Interpretation of Railway's Rule regarding distance restriction.

Please read the following rule rule from Western Zonal Railway Time Table:
"This Zone has imposed distance restriction on certain long distance and superfast trains, to restrict short distance passengers from boarding these trains and encroaching upon accommodation earmarked for long distance passengers. However, short distance passengers can be booked in advance on these trains to the extent of intermediate station quota. Ticket checking staff on the station or on the train can allow passengers to travel against vacant accommodation, irrespective of the distance restriction, provided the passenger is holding a journey ticket for or short of the station upto which accommodation is available. Distance restrictions vary from train to train and are applicable to certain section of the journey."
Please note that any mention of this rule is not made in unreserved tickets and advance reservation tickets.

My Questions from leagal point of view:
Does this rule expressly mean that no short-distance passenger should board the distance-restricted trains?

Member (Account Deleted)   16 December 2010 at 16:16

stay on summons on a false evidence

If a persons managed to take stay over summons issued to him under IPC on the basis of false evidence filed alongwith petition before high court and if we can prove it to be false, can we make an application under sec.340 in the same case or have to file a seperate case against the person ?

Member (Account Deleted)   16 December 2010 at 16:11

FIR Vs Summons

Is a summons issued by a first class magistrate under IPC is equivalent to an FIR lodged by police and has same consequencies against a govt. employee?

Anonymous   16 December 2010 at 16:00

framing of charge

A private compliant is filed u/s 420 406 & 506(2) of IPC but court issued process u/s 506(2) of IPC only.during evidence before charge only evidence of sec.420 has come from complianants side whether court can frame charge u/s 420 of IPC against accused inspite of process issued u/s 506(2) of IPC only.

Anonymous   16 December 2010 at 15:31

pdwa statement on oath

1. wife has written on oath that husband has huge share in ancestral property, he has plot fields and flat in his name further he is living luxurious life in 6-7 rooms deserting wife and he is running away from his matrimonial duties.

2. husband has submitted that he is living in only 2 room house on rent basis. he is ready to live with wife.

my query is whether the statement filed on oath in court which is false is sufficient to file complaint u/s 200 of ipc against her as she herself is not ready to live with husband but asking maximum relief with stating false information on oath to be used in the process of court? further there is no property at all in the name of husband.

Anonymous   16 December 2010 at 14:55

False PCR Call

hi Sir/ Ma"am

I am really sorry that you all did not get, therefore i thought let me explain in more details, there are some people in my colony area, who are not happy with me due to my caste and my social works, so one day I was passing through my near by house street upto 6:30 a.m and suddenly the people appear and caught me, and made a PCR call accusing my false allegation, that we caught a thief and they tried to kill me but anyhow escaped by some other people. and the police came and made investigation, and there was not any robbing and no any stealing of good,but local police supported them and registered crpc case for both parties for SEM Court. and in the court ASI told very clearly and second party that he was not stealing any thing, and change his statement that he was taking photo of my house.
And So i want to know that

Is there any ground that I can take any legal action against these, and again i am getting threatens from these people. and i am not reach person that i can fight in high court or supreme court.
Kindly advice me what i do and how should i do, and what will be the result and duration of times

Thanking you
with kind Regards
Mahender

Balaji Bakthavathsal   16 December 2010 at 13:27

Fraudulent Sale of Property

Can we file a criminal case directly in the court through an advocate or should it go through the Police Department ? A fraudulent person has executed Power of Attorney using some fake documents and the power agent sold our property and registered the Sale Deed in the Sub-Registrar’s office in which we are living even today. The power agent too sold the property after the cancellation of the power of attorney. Knowing very well that the power of attorney got cancelled, the power agent filed a false specific performance suit through his buyers and later got it transferred to the Lok Adalat and got our house registered. I have solid evidences on the fraudulent sale. When I filed a complaint, the police did not take any action even after I got High Court Directions to investigate the matter. Please let me know whather I can file a criminal suit against the fraudulent persons directly in the court through an advocate.

Anonymous   16 December 2010 at 11:46

Joint Criminal Complaint

Hi,

If there are more than 90 complainant and they want to file a joint criminal complaint against single accused. Can they so? If yes please provide the relevant provision of Cr.pc.


Regards

Hemant Bhand

Anonymous   16 December 2010 at 09:41

DIFFERENT VERSIONS OF COMPLAINANT

C; the Complainant RV: an advocate KMS: Jr. to RV P: Govt employee B: Govt employee

The complainant in his complaint says "RV informed him that P and B are demanding money to do his work. Then C alongwith RV went nd met them ona date. P and B demanded money failing which the work will bedelayed."

The date which he is mentioning is totally false. no one met him on that date neither earlier nor later.No money was demanded from RV by both govt employees. here the complainan fails to mention the date on which RV told him. The date on which he alleges to have met the place and who arraned for thi meeting etc..

In his stttment given later on he states that "the date on which he met the govt employees the ovt employees discussed someting in their mother tongue with RV andf RV informed him that they are demanding . the language in which they discussed which he did not understand"

after two days RV takes KM and P to the complainant place and introduces them to C. Pl note that voice transcription memo shows that introduction takes place on this day. so it is proved that earlier C did not meet anyone. In this meeting KM intorduces himself as govt employee. later on KM accepts the money. RV under fear says this money is mean for B and P. thereafter he contacts B. KM hands over the tainted poart in the hands iof B. since B is Partially blind and cannot see with left eye KM utilises this point and hands over thru left part. upon handing over B was caught . The B then hands over the same to P by saying it is ur money and I dont know how much it is.

Now chargesheet is filed . Earlier B, P and KM were arrested/ Nmae of B was not in the FIR. In the fir they have stated that prima facie offence on behalf of KM and P is registred. Now the position is B, P, KM and RV all are chargesheeted. Now what will happen in the trial court and How B can protect himself. B hss neiher demanded from C,KM,P or RV

1. WHETHERTHE COMPLAINANT CAN MAKE DIFFERENT STATEMENTS ONE ON HIS COMPLAINT AND THE OTHER ON HIS STATEMENT
A. WE DEMANDED MONEY B. HIS ADVOCATE INFORMED HIM ABOUT THE DEMAND
2.THEPLACE AND DATE ON WHICH HE ALLEGED TO HAVE MET WITH HIS COUNSEL NEVER TOOK PLACE. THE MOBILE LOCATION OF RV AND THE COMPLAIANT WILL PROVE
3. CCTV RECORDINGS IN OUR OFFICE WILL PROVE