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

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Anonymous   28 November 2010 at 18:23

498A Bail

Is applying for Bail for the co-accused in 498A case better after filing of chargesheet or before that.The Co-accused are under stay of arrest.

The opposite side is getting filing of chargesheet delayed what are the implications of chargesheet being filed late will it be any problem for us If that is filed late else why would the other side delay it.

surendrababu   28 November 2010 at 16:28

Return of Security Deposity

Accused was released on bail with two surities on deposit of Rs.10000 each. Now the case ended in acquital.

What is the provision under which the amount has to be taken back

Anonymous   28 November 2010 at 16:26

TO FILE A CRIMINAL COMPLAINT TO THE MAGISTRATE

This is in connection with my case of FIR not getting registered despite making complaints to the police.
I am in Pune and eagerly look forward to file complaint to the Magistrate to initiate proceedings under 156(3) or 190 CrPC.
Please let me know if any of you can help me to do what I want.
If you are in Pune, then all the more better.

Anonymous   28 November 2010 at 13:40

Forcing for Divorce, Harrashment,and warning on call for killing on Mobile

I am peace loving person harnessed by My Wife, Brother in Law, and Father in Law.
I married in Yrs. 2005, in Native place UP. we both Husband and wife are in Mumbai living separately according to Hindu Culture just like that there are 5 yrs. of "GAVNA" so after waiting the 5 Yrs. now my brother in law and father in law they are not sending my wife to my home even my wife she is following their parents. we both are educated and my wife she is well educated than me so therefore after hearing from her side i tried to contact her to listen her problem.
but she is not ready to listen me.
after some day she called me by her Mobile to my mobile and started abusing me even an unknown person standing with her also abused me. My wife she told me that he is her husband. and she and he both have given me warning to kill me if i further talk with her and supporting her. In this all my wife's family member are supporting to her. I have not given this complaint to police station because i think may be she is angry and this way i wait for 11 months for again reply.
On this week when i send my parents to her home she again refused to come to my home.
His brother misbehaved with me and all are not ready to listen me.
Now i am facing problem of shame in my life. Now cost of marriage is increasing day by day and i have 3 sisters and brother how i will do the marriage. Now i am in such situation that there is no person in the family to take care of my mother and father and also for me.

so i here request you all to give suggestion on these points:

1) i have recieved warning call from my wife's mobile 11 months ago in which she told that she have another husband i have noted down that time and day of call. Now can i make complaints against my wife on base of this call.
is the police can find the call record of this 11 month ago. even i am also getting the calls from my wife's new husband/boyfriend for killing me.

1)can i file today the case against my wife , brother in law, father in law, and his unknown boyfriend/husband for warning to me to kill me by life.

2) can i demand compensation of marriage cost from my wife if yes how much. also i want back my valuable like jewellery's.

3) is my wife she have any right to demand any compensation from me if she wants divorce from me.

4)is the police will take now my complaints of "Forcing for Divorce, Harrashment,and warning on call for killing on Mobile." and will check the call record of 11 months ago.


Please let me know about this.

sunil v purohit   28 November 2010 at 10:47

cbi charge sheet in secission court

i have been made accused no.7 in cbi case. accused no.5 & 6 are in Govt, service the permission to chargesheet accused no.5&6 is not given by the office till now..under the circumstances my question is;

what will be the position of accused no 7

weather he is allowed to remain absent till the permission to charge sheet accused no.5&6 is received.
what will happen if the permission is not received in reasonable period.

Legal Fighter   28 November 2010 at 09:28

Petition praying for amendments in Section 498A of IPC.

Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.

Anonymous   28 November 2010 at 07:22

125 of crpc

can court has power to grant custody of minor child in an application under section 125 of CrPC ?pls reply soon.

Anonymous   28 November 2010 at 01:01

How do I prevent misuse of photocopy of my proof identity and residence?

Dear Experts,
Please refer the following url where it has been reported that mobile SIM card vendors are allegedly misusing the photocopies of Voter ID Cards, PAN Cards and address proofs etc. submitted to them by genuine customers in good faith, in order to sell mobile SIM cards at premium to customers who do not furnish such documents. The url is http://www.telegraphindia.com/1101127/jsp/siliguri/story_13227939.jsp

One idea that I can think of, is putting the signature, date and time on the printed area of such documents so that further photocopies of such documents will become useless for misuse. Opinions of Experts will be of great help so that citizens including myself can help do their bit, to control this dangerous menace and also safeguard from possible unwanted trouble from the police and the law.

Anonymous   27 November 2010 at 23:11

Black mailing on IPC 498A

Dear Sirs,

We have been acquitted in 498A, 8 years back. Now one of the witness (who was in favour of us at that time) from my inlaws is blakmailing me to reopen the case & pull me in court.

Is it possible after for him after 8 yrs?

Even if he does like this, we are sure that his efforts will be in vain as we had & have not done any wrong things but we donot want all this zhamelas.

Pl help.

Anonymous   27 November 2010 at 21:47

WHETHER ONE CAN COMPLAINT TO THE MAGISTRATE BY HIMSELF OR HE HAS TO APPLY THROUGH A COUNSEL/ADVOCATE

THIS IS FURTHER TO MY QUERY OF POLICE NOT REGISTERING FIR DESPITE REPEATED REQUESTS FOR OFFENSES OF CHEATING, CAUSING INTENTIONAL INSULT AND USING FILTHY LANGUAGE THROUGH EMAILS WHILE DOING BUSINESS COMMUNICATION.
SEVERAL LEGAL EXPERTS HAVE REPLIED TO MY QUERY. FEW ARE OF THE OPINION TO PROCEED AS PER 190CRPC AND OTHERS HAVE ADVISED TO PROCEED UNDER 482CRPC.
WHAT IS THE FUNDAMENTAL DIFFERENCE BETWEEN THESE TWO PROVISIONS OF CRPC?
CAN ANY INDIVIDUAL APPROACH COURTS THROUGH WRIT TO INITIATE SUCH CRIMINAL PROCEEDINGS AGAINST THE ACCUSED, OR HE HAS TO APPROACH COURT THROUGH A LAWYER ONLY?