vishal gupta
15 November 2010 at 19:06
what is the difference between approaching high court for quashing under 482. crpc versus appraching thru article 226,227 of constitution
Anonymous
15 November 2010 at 17:59
(3) While framing charges under sub-section (1), the Magistrate May Also frames charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of That Code or the Dowry Prohibition Ac t, 1961 (28 of 1961), as the case May be, if the facts disclose the commission of an offence under those provisions.
during trial can husband pray court to apply the said section both the parties to prosecute under
the Dowry Prohibition Ac t, 1961 (28 of 1961)
Milind Phope
15 November 2010 at 15:40
Mr.RGP ( my father)prepared an affedavit stating that he has only two members in his family ie: Him and his wife(my mother).He got this affedavit notorised and submmitted in his housing society to sell his plot. He attached with this affedavit,his Ration -Card which says there are 4 members in his family: 1)Himself 2)His wife(my mother) 3)His son (Myself) and 4)His daughter-in-Law.(My Wife) Isn't it a criminal offence ? and if yes,is the prossucation possible?
Anonymous
15 November 2010 at 13:13
sir,
my wife has written false statement ih her d.v. act maintenace claim a statement that her parents have given rs. 100000/- cash during marriage and further another false statement is that her parents has given sufficient dowery.
on that basis i file a police complaint under d p act sec 3 to book the dowery giver with attached the copies of wife.
howeever the police did only oral invistigation and closed the file
but thereafter wife changed the same statement as she did come with rs. 100000/- and the amount did misappropriated by mother in law.
what action can i take against her?
Anonymous
15 November 2010 at 12:21
Dear experts,
Kindly let me know ,
(i)in case,trial is cancelled due to non availability of proper sanction under clause19(1)(C) of PCA 1988
(ii) Whether trial court is competent to cancell the proceedings on basis of above fact.
(iii)In case trial is cancelled ,whether there is any provision under which prosection can get fresh sanction.
(iv) Is there any time limt fixed to prosection by which it has to take fresh sanction.Kindly give SC case nos related to my queries.
ambrish
15 November 2010 at 02:54
Dear Friends
Need some case references wherein these above mentioned two sections have been discussed in detail.
I have gone through:
http://www.indiankanoon.org/doc/366951/
http://www.indiankanoon.org/doc/647874/
Please provide me references of some latest cases decided in recent past and same was discussed therein.
Anonymous
14 November 2010 at 22:02
in a criminal trial, the police initially does not file the original copy of the FIR with the court. it files a xerox copy. only when the trial starts and the complainant refers to the fir , is the original copy filed. can someone tell me why is it like this?. why first the xerox copy , then the original?
Amirtharajan
14 November 2010 at 20:42
My son 21, unlicensed, was driving a cielo car we had bought through a broker just 2 days before (T.O. not done, but tax and insurance current) when a drunken fellow crossed the 4 way track from left to right on a motorcycle with a lady on the pillion. in spite of the effort to swerve, the cars right headlight hit the bike's tailside. i took them and admitted in a private hospital which was nearby. the man was treated as O.P and she has been on treatment in ICU and later in IMCU for 2 weeks with rib fracture and congestion in lungs. My boy was booked under 279 and 338 and was let to go on own bail. FIR did not record that he motorcyclist was drunk. the RC book in the old owners name has been seized by MV inspector when the car went to him for inspection. the owner is not traceable now in the old address.
i)should we go for anticipatory bail fearing that if the girl might succumb and sec 304 may be included ?
ii)what to do about unlicensed driving?
iii)how about the nonavailability of the owner? what to do ?
iv)can i inform the insurance co. on behalf of the owner about the accident?
v)how to get back the RC book?
vi)though the inspector said u can go on your own bail he didn't record it in writing nor did he ask for any document for bail
vii)can i arrange to mend the car which has dented right mudguard and broken headlight and broken windscreen ?
i have already engaged a lawyer who told us to wait till summons come.
KINDLY ADVISE
Anonymous
14 November 2010 at 15:05
my wife is continuously repeating the same statement for giving dowery money and beaten up by in laws.
is it possible that court may convert the false statement presumption of true and punish husband on her continuous repeated false statement on oath?
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Criminal Writ Petition- Quashing of FIR Malafides
we were charged in a 498A case and took arrest of stay from Allahabad High court. This is subject to mediation centre clause and we deposited the amount of deposit that is condition for stay.
On three mediation dates the respondents did not turn up and just gave a application of their inability to come citing some or the other reasons. The mediation centre will turn back the case to High court as the respondents are not joining as they want to harass us as we would need to apply for regular bail in the district court which as per my understanding is difficult in UP. They will be objecting the bail. It has been more than 120 days but the chargesheet has not been filed.
If the mediation centre returns the case back to High court it will be disposed off as the court would not quash the FIR.
The other side is putting pressure on police to not to file the FIR.
I need suggestion:
1. Can the High Court on the date of listing pass a same day bail hearing order
2.If the stay arrest can be maintained at High court upto filing of chargesheet.
3. will the stay arrest lapse once chargesheet is filed.
4. The other party is putting complaints in police station without any reason that I and my parents went to throw 'Acid' on the girl I feel this is a base that he is making to object our bails when we file in the local court. Is this anything to worry but I dont have any say on his conduct the other party can keep on making any plans or strategy. Is there a remedy for this.
5. Once chargesheet is filed is same day bail a problem...we do meet the IO frequesntly but he dont have anything to ask us neither he asks us to come.
I am putting the order below:
Order Extract below:
Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A, 504, 506, and 494 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.
It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010