Sangramsinghrana
13 October 2010 at 13:12
Dear Experts,
in a case after defence evidence, accused filed application u/s 340 Cr.P.C. against the witnesses and in their application with the help of prosecution as well defence evidence he clearly established that case is false and fabricated and no conviction can be sustained against accused but witnesses etc. be prosecuted for perjury etc.can a court convict the accused by totally ignoring the facts and evidence mentioned in application u/s 340 Cr.P.C. or in other way it can be said that application u/s 340 Cr.P.C. is like the written arguments which are disclosing each and every aspect of falsification and fabrication of case. can court ignored said applications while deciding the fate of innocent person?
Anonymous
13 October 2010 at 12:26
There are 2 cases are going the first is 498A in thane & other is domestic violence in ulhasnagar. The boy's side approached the high court for quashing the 498A complaint but it was rejected (on 27th Aug 10 )& highcourt gave direction let the case be decided in thane court but here the boy's laywer keep on saying in thane court they have filed quashing application & keeps on taking dates. How can this fact be brought in front of thane court.
The boy's lawyer has applied for quashing of domestic violence complaint also in high court but final hearing is awaited.
Meanwhile the boy's lawyer has applied for Crim Bail Appln u/s 438 crpc in thane court & it got accepted. What is the reason for taking this bail ?
Anonymous
13 October 2010 at 12:14
I would like to know, what is a instant remedy available for a common man to safe guard themselves against threatening calls, harassments from these recovery agents.Please Explain with points as this a question from common man and one of the major cause effecting our society
Navaneetha Krishnan
13 October 2010 at 11:18
In tamil Nadu we have economic offenses wing
what are the duties of this wing
when any persons grabs our land and constructs a house in our land.... whether we can give a complaint in the said economic offense department
Chetan
13 October 2010 at 09:55
One neighboue relative of my client filed a complaint under DV act and Maintenance & Welfare of Sr. Citizen Act,
I had filed reply along with the preliminary objection about maintainability of complaint but the magistrate put the matter for mediation
Whether it is appropriate ? OR
whether first of all it is to be decided the maintainability and then put for mediation ?
Whether the criminal case put for mediation ?
Pls Reply
tarun
13 October 2010 at 06:38
DEAR MEMBER
A CASE U/S 420/406/467 WAS REGISTERED AGAINST 7 ACCUSEDS, 3 ARE ON BAIL 2 ARE IN CUSTODY AND 2 ARE OUT OF REACH, BUT NOT DECLARIRED p.O YET, NBW ARE ISSUED AGAINST THEM, THE FINAL REPORT FOR 4 ACCUSEDS ARE FILED, AND ONE IS ARRESTED BEFORE FEW DAYS AND NOT CHALLANED YET, CAN COURT START PWS AGAINST 4 ACCUSEDS WHOES CHALLAN (fINAL REPORT ) HAS BEEN FILED? THE COURT HAS STARTED PWS AGAINST 4 ACCUSEDS, I THINK IT WILL BE NOT GOOD AS TWO ARE NOT DECLAIRED P.O, HOW CAN WE STOP THE COURT TO GO FURTHERE IN PWS? IS THERE ANY PROVISION IN CR.PC? PLZ TELL CASE LAW, AS TRIAL MAY GO SEPARATE AFTER DECLARIRING P.O, BUT TWO ACCUSED ARE NOT DECLARIRED P.O HERE. HOW CAN WE STOP COURT TO CONDUCT PWS?
Sangramsinghrana
12 October 2010 at 23:52
in the case, complainant has moved a written complaint to police station only against 'A' that on 19-10-03 at 10.00 A.M.,'A' alone forcibly entered in his house in presence of 'o' and delivered threat of kill to him. Same complainant has got registered a DDR after 5 days in which he has stated that on same day and time 'A' not alone but along with 'B' has came and threat, not stated that forcibly entered in house and gave threat to kill, same complaint has made third statement on oath on Court that on same day and time not 'A' and 'B' but 'A' along with 'C' has forcibley entered in his house and gave threts to kill in presence of 'O' but O on statement on oath in court has stated that 'A' not with B or C but entered forcibly in the house of complainant along with another differnt person 'D' and gave threat to kill. can a conviction u/s 452/506/34 IPC sustained even from the statement of witnesses, no ingriedents of sec. 452IPC is made out.
Sangramsinghrana
12 October 2010 at 23:35
in a case u/s 452/506/34 IPC,Magistrate,in his judgement after stating brief facts of the case and after mentioning prosecution as well defence evidence and depositions of witnesses in the middle of his judgement in Para no. 17 has gave his finding to the effect that " i have heared both the counsel and after gone through the record and evidence of file I am of the considered opinion that prosecution has miserbly failed to prove the case against the accused." and in last of his judgement in para 35 gave finding that " in my view prosecution is sucessful to bring home the guilt of accused" and convicted the accused even said magistrate in para 20 of his judgement, to corroborate the statement of complainant, has mentioned the statement of the eye witness which he has not deposed on oath in court. What is the legal position of Judgement after said two finding, it is pertnent that it is well established that said magistrate has converted his acquittal order in to a conviction order at last moment and said two finding is not merely a clerical mistake but due to change of decision in a very hurry manner.
Sangramsinghrana
12 October 2010 at 23:02
Dear expert,
in a criminal trial, 9 applications u/s 340 Cr.P.C. is filed by accused, conviction of accused upheld in said case, accused has filed appeal against conviction which was assigned to court of ADJ(1), after 4 months the applications filed u/s 340 Cr.P.C. was dismissed by 9 seperate order, 9 appeal u/s 341 Cr.P.C. was filed which was assigned to different two court from the court in which main appeal is pending, application was moved to transfer all the appeal i.e. all appeal be transffered to the court where main appeal was pending but application was withdrawn as session court verbly stated that application was decided vide seperate order and seperate appeal was filed being this reason they can be decided seperately. after one year,judge has been changed and he asked the appellant to transfer all the appeal in one court.whether after one year it is possible and if possible then what is the procedure and whether all appeal can be decided seperately.
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tress pass
a lady litigant force ly encroaching my land&previously grabed part of same land and that was subjudis in high court of orissa, that lady puting pressure on me by gundas to sale that land to her, now she started construction, i filed a complain on 8.10.2010, in polish station,but they gained over by litigant lady&delayed in action, lady finished her roof concreate, again started first flore pillar, i filed a complain in addl.d.c.p. court on 12.10.2010 for 144crpc proceeding on. court asked to concerned polish ,i.i.c. for report before 25.10.2010.lady not caring to polish as she has money and power. what to do. please advice,how many steps can i take in which forum,can i complain to devlopment authority regarding illegal constuction in my land without approval.
can i file damage suits against that lady.
it possible to file civil suit making party to local devlopment authority.or any forum suitable except musle power.
with regards
bhuban bihari mohanty
mamalaodia@gmail.com