KANDE VENKATESH GUPTA
13 October 2010 at 21:39
Defacto complainant filed complaint with the police alleging dowry harassment and beating by the Accused No.1 to 7. The police, after conducting investigation, and after coming to conclusion that the Accused No.1., who was working as Head Master of the Government School, was not at the alleged scene of offence and at the relevant point of time he was attending the meeting of the Head Masters of the schoos conducted by the district collector, filed charge sheet against Accused No.2 to 7 only and not charge sheeted Accused No.1. However, the Magistrate, by a single line order, took cognizance of the offence against the Accused No.1. also along with the other accused. Whether the action of the Magistrate in taking cognizance of the offence Accused No.1., without any further evidence, also is justified. My client intends to file criminal petition seeking to quash the proceedings as against him. Please guide me. If there are any judgments of the Hon'ble Supreme Court or any other court, please furnish. Matter is urgent. Thanks in advance.
K.VENKATESH GUPTA
H.No: 1-1-16/1/2/A
JAWAHARNAGAR, RTC CROSS ROADS
HYDERABAD-500 020
PH.NO: 27650240/9885808021
venkateshgupta_kande@yahoo.co.in.
Anonymous
13 October 2010 at 20:27
a person has a bounced cheque... it has remark " refer to drawer ". everything is within limitation as prescribed in the N. I Act... can such person opt for 420 of the IPC instead of the N. I. Act proceeindgs.????
if yes how?? if now why ???
Sangramsinghrana
13 October 2010 at 19:45
Dear experts,
can you plese to mentioned any specific case law of Hon'ble SC upon the statement u/s 313 Cr.P.C. regarding that court is bound to seriously consider the statement of accused u/s 313 Cr.P.C., defence set up by the accused in his statement and no court can not totally ignored the statement of accused u/s 313 Cr.P.C. if ignored, trial will be vitiated and incomplete.
Sangramsinghrana
13 October 2010 at 19:31
Dear Experts,
instead of oral arguments, written arguments was given on behalf of accused in a criminal trial. can a court totally ignored the written arguments of accused even it is established that written arguments in details contains each and every aspect of fabrication of case in his 56 pages. can a court convict the accused not mentioning the single word of his written arguments of 56 pages based on the evidence of defence as well as prosecutions? what is the value of written argument? whether a court is bound to consider the written argument in any way?
Sangramsinghrana
13 October 2010 at 19:19
Dear Experts,
in a trial before a court of magistrate, it came before the magistrate in evidence that complainant to seek a direction from high court for registration of a case has in his petition has mentioned false and fabricated facts which was supported by him by his false affidavit as the facts mentioned in his petition and affidavit are totally different from the documents annexed with the petition i.e. documents annexed with the petitition, upon which complainant wanted to seek a direction, are not supported the facts and plea mentioned in petition and affidavit i.e complainant after deceiving the hon'ble HC by stating facts which is not in his supported documents get a direction of registration of case against the innocent person then what is the duty of trial court? What offence was committed by the complainant?
Anonymous
13 October 2010 at 16:29
women selected on merit within the vertical reservation quota will be counted aginst the horizontal reservation for women
Lakshmi
13 October 2010 at 15:13
cheque was given to bank while taking vehicle loan, can it be used by bank to file complaint under section 138
Anonymous
13 October 2010 at 14:44
Respected Sir,
Please Guide me regarding my quarry.
A Borrower get Two Wheeler under “ Loan cum Hypothecation Agreement”
After complete Paper formalities and get passion and After pay only one installment then he don’t pay any other installment and he refused the agreement.
Then Company take legal action under section 138 N I Act but borrower stop payment but till pending compliant for presentation of Accused under Billable Warrant.
In between Borrower filed compliant under section 406,420,365,384/34 IPC then Court send under section 153(3) for investigation.
After investigation Police present report due to Civil nature.
As per agreement Payment Schedule Complete fully installment on August 2009.
Borrower resident and vehicle at Bhinmal (Jalore)
Financier officer at Jaipur ( Raj)
Now in matter my quarry that :-
Can I filed complaint under section 403, 406 and 420 IPC.
Can I filed complaint present at Judicial magistrate at Bhinmal ( Jalore) on behalf of Company thought Branch Manager Bhinmal of Financier Company.
Please guide me
Advance Thanks and Regard
Member (Account Deleted)
13 October 2010 at 14:24
Dear Sir
I find it strange new vehicles accidented or otherwise involved in some disputes lying in the open for years in the police stations across the length and breadth of this most unfortunate country with a corrupt to the core judiciary, bureaucracy as well as policesystem.
What the ' Your Lordsheeps ' can do to dispose of this vehicles in disuse ( or abused by the police only )? What are the rules which can be kick started ? And how the vehicles in the police stations accounted for ? If yes , who is responsible to cross-check as your lordsheeps are not expected to get out of their ivory towers to do such dirty jobs?
Regards
Haridas Mandal
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promissory note
Dear Sir/Madam
My name is J. Srinivas as i am practicing as an advocate (junior)in hyderabad. Sir, i had one query regarding the promissory note. What is the validity period of promissory note and how much amount it is valid.
With Warm Regards
J. Srinivas MSC LLB