shahzan
11 December 2010 at 21:03
My friend has booked in under ipc 386,120B,379,it act 66,but in the charge sheet he is only one accused and no details of extrotion and hacking and theft. charge sheet says he was attempting to extrot money against some photographs and he has hacked complainent email id and theft her photographs.but the evidence are only email which recived by complaintent without header.and unattested.its means not any ip found in the email evidence.about the hacking no any ip-login details of complainent email id is provided in the chargesheet..forensic report of accused laptop has been done but in the report no any photographs and email id logs of complainent and senders email id logs were also not found in his laptop...he was arrested because in the sender's email id.police found his ip adress.he was using wifi internet connection.is it possible that someone had hecked his wifi..all chages are wrong.he gets bail on ground of attempt of extrotion (ipc 385)386 is wrong charge gainst him and it act 66 is also bailable...case is still not on charge..My question is ..1-case could be discharge at the time of arguments of charge..? what could be in wrong charge..
rajendran
11 December 2010 at 19:15
A assaulted by B,C,D,E and F with deadly weapon and sustained injury - she took treatment at government hospital for the period of 10 days and she dischraged. A lodged complaint before the concerned Police station. The Inspector refuse to receive the complaint and A sent Complaint before the concerned District S.P. No action. A filed Petition under 156(3) of Cr.P.C. after long adjournment the Learned Judicial Magistrate Passed order like " Complainant present Petition perused and forwarded to the Inspector of Police for necessary Action" The Counsel of the A made a submission to the Hon'ble Magistrate to directing the Respondent/Inspector to registered an F.I.R. and submitted the final report on or before a particular date. But the magistrate refused the same and she told that she has no power to directing the Respondent/complainant to register a case. Whether it is correct or not? Order of the Concerned magistrate is speaking order or not? what are the remedies available to A. If it is any relevant citation please
Dushyant Pandya
11 December 2010 at 15:46
Sir,
A person is in the business of logistic and dealing with different peoples. If he is carrying or having a hock stick or baseball stick in his car ever then it is an offence?
Please advice.
M. PIRAVI PERUMAL
11 December 2010 at 14:08
I am moving an application under Section 23 of Protection of Women from Domestic Violation Act - 2005 for an exparte order ? Can any of our learned provide me judgements regarding grant of exparte order ?
Anonymous
11 December 2010 at 13:02
dear all experts facts are as follows. i pray all with humble to guide---
1} wife has filed false police complaint 498a etc at husband town but not attending the trial. then maintenance claim with her parental town with pwda. all allegations are totally totally false with contradictions of her own signed statements i.e. date month year and false information of address of other defendant.
2} all the documentary evidences produced before trial court of maintenance claim of wife i.e. her own signed f.i.r. court attested copy which is full of contradictions what she has given in pwda statement for maintenance and along with all the documentary evidences of residences of other relatives of husband.
3} husband is ready to take her home along with child.
4} trial court has totally ignored the information provided by husband side party allowed interim relief to wife. and the matter is still going on for last one and half year.
5} because of court entertained the plea of wife following pain is suffering on the part of husband-
a. elder married sister is suffering to visit court her inlaws are tounting her
b. younger unmarried sister is suffering for her marriage proposals
c. younger brother is suffering for his higher studies.
d. old aged parent are suffering for attending two different court with body pain.
e. husband is suffering for all mental agony, economical losses of traveling for two different court process. even though he loves child hence he accepts wife with her cheating nature. but court ignores his life.and further court burdened him to maintain his wife.
6} court no where whispered that husband side is given so much evidences prove the falsely hood of wife and ignored the style play to extort money from husband and push them into jail with false allegations. both placed lawyers are advising wait for acquittal.
7} can i give compliant higher court against the bised justice with larger public interest to determine the accountability of justice who ignores the fact and documentary evidences and orders husband to pay wife xxxxx p.m.
8} if answer of above mentioned question is yes. then how can i process the battle against the court?
Anonymous
11 December 2010 at 01:21
Hi,
a) Can a person be arrested without warrant or sufficient proof for theft of material property like money or jewellery in Karnataka?
b) Can a person be arrested just on the basis of a FIR filed and can that person be brought in for questioning?
c) If the person can be arrested and brought in for questioning for how long can that person be detained at the station?
d) Can the person refuse to comment without the presence of a lawyer?
e) What is the maximum punishment for such an offence?
Thanks in advance.
ashish lal
10 December 2010 at 23:46
Mr.A issued a cheque to Mr.B against debt and liability and the cheque was dishonored. Now Mr. B approaches an advocate Mr. C for consultation. Mr. C advices Mr. B that first he would send a demand notice to Mr.A on behalf of Mr. B and then if Mr.A does not pay the cheque amount within 15 days then he would file a complaint u/138 NI Act.Mr.A does not pay the amount and consequently Mr.B through Mr. C files a complaint u/s 138 NI Act [Vakalatnama included]
Now my questions are:
1. When did client advocate relationship started between Mr.B and Mr.C?
2. Can an oral contract replace requirement GPA/SPA?
3. How can a payee or holder due course transfer his right to demand for payment to an advocate through an oral contract?
Anonymous
10 December 2010 at 19:23
notice sent U/S-138(2) of N.I.Act through Regd. post with A/D and it was returned unserved with postal endorsement " NOT KNOWN ". cognizence taken by court stating it is good service.
i) is it so ?
ii) whether cause of action arises if notice returned with remark not known?
Ria
10 December 2010 at 10:30
Respected experts,
I had paid full amount to the carpenter when I had ordered for making a furniture four months back.
However the carpenter is neither returning my money back or delivering me the furniture ordered.
please guide me as to under which section of IPC should I file a police complaint. And what is the procedure.
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What if witnesses donot come in criminal case filed by State Police?
Dear Sir(s),
I am the Complainant. Based on my complaint police have filed case with xcharges 427,504,506 R/w 34 of IPC. 3 witnesses'+ police head Constable who wrote FIR , evidence/cross is over & other 2 witnesses (CWs) are not turning up. + 1 PSI (who will mostly appear)
What could be the fate of the case?
What steps do I need to take? Please guide.