Prashant Deshpande
12 October 2010 at 21:35
as a food inspector when I visited a shop, the shop owner refused to sign on Inspection Report, he does not have valid license required as per PFA act 1954.can I prosecute him U/s.16(C)of PFA,or should i Lodge complaint in police u/s.186, 353 of IPC ?
Anonymous
12 October 2010 at 21:03
While I was going in my friend's xeta car, I crossed one cross road till half way because there was no traffice from my left side to right side but I stopped at half way because of too much traffic coming from my right side going to left side.
Suddenly with 5-10 seconds, one Govt. car ( fiat NE ) hit xeta at the right side behind back door (it was coming from my left side to right side).
when I looked at backside, I saw there are 3 persons coming out from the govt. car to hit me and I run away from the accident place, driving the car. I reached at my office and come to know that xeta's back bumper was separated. Thinking that it might be at the place of accident, I went back to search it.
Nobody was there at the place of accident except one person who informed me that govt. car driver has filed FIR against the car number (found from the bumper).
I went to police station and at the moment I informed that it was my friend's xeta car and I was driving it, he arrested me. I asked my friend and he given bail for me, and I came out of police station on next day.
In FIR, The govt. driver has mentioned that xeta car came from somewhere and did accident with govt. car and run away.
Police have mentioned IPC-279, 337 and IMV 177,184,134B. Also in FIR, that driver has not mentioned which bumper of my car is separated due to accident ( whether it is front or back bumper).
My friend's car's insurance is also expired last month, he has sold the car now. we have taken car photographs before selling.
My case is yet to be come on board, can anyone pls suggest, how to come out of this case. Without any reason I am in trouble now. I don't have any idea for legal proceedings.
Sangramsinghrana
12 October 2010 at 19:04
Respected Expert
(This is true case in which trial court convicted the accused against the law evidence and fact)-one person has moved a written complaint to police station mentioning that a particular person has, on 19-10-03 at 10.00 A.M. forcibly entered in his house and delivered threat to kill to him, the same complainant afer 5 days has got recorded a DDR in the police station on the basis of same written complaint but gave different statement that on 19-10-03 at 10.00 A.M. not only one person but first person came along with one another and threat i.e. not stated that both entered forcibly in his house and deliver threat to kill, on the basis of written complaint and DDR police has done invistigation and held that incident was happened at public place and also not with the complainant, complainant has filed a writ petition before Hon'ble H.C. of P&H for seeking direction for registration of a case by giving affidavit and statement that on 19-10-03 at 10.00A.M. first person, alongwith third person, which was not in picture in DDR and written complaint, has forcibly entered in his house and gave threat to kill, hon'ble H.C. gave direction to the police that if any cognizable offence is made out from DDR and written complaint the FIR be registered accordingly but as DDR and written complaint contradictory to each other being this reason police totally igonered the direction of HC but taking plea of order of HC has taken a new statement of complainant which is totally differ from previous DDR and written complaint and registered a FIR u/s 452/506 IPC including a new person alongwith the first person. Eye witness is same in all three statement. what offence was committed by police official and complainant with the HC and other court and with the innocent person and what is the duty of trial court to whom said case is pending for decision. whether trial court can convict the accused in these circumstances and what action can be taken by the accused against the police officials and complainant etc. Facts of this case are based on case/FIR no. 157/4-12-03 P.S. Julana Distt. Jind(Haryana). all nentioned evidence on case file and admitted by complainant.
Anonymous
12 October 2010 at 19:02
Respected Expert
(This is true case in which trial court convicted the accused against the law evidence and fact)-one person has moved a written complaint to police station mentioning that a particular person has, on 19-10-03 at 10.00 A.M. forcibly entered in his house and delivered threat to kill to him, the same complainant afer 5 days has got recorded a DDR in the police station on the basis of same written complaint but gave different statement that on 19-10-03 at 10.00 A.M. not only one person but first person came along with one another and threat i.e. not stated that both entered forcibly in his house and deliver threat to kill, on the basis of written complaint and DDR police has done invistigation and held that incident was happened at public place and also not with the complainant, complainant has filed a writ petition before Hon'ble H.C. of P&H for seeking direction for registration of a case by giving affidavit and statement that on 19-10-03 at 10.00A.M. first person, alongwith third person, which was not in picture in DDR and written complaint, has forcibly entered in his house and gave threat to kill, hon'ble H.C. gave direction to the police that if any cognizable offence is made out from DDR and written complaint the FIR be registered accordingly but as DDR and written complaint contradictory to each other being this reason police totally igonered the direction of HC but taking plea of order of HC has taken a new statement of complainant which is totally differ from previous DDR and written complaint and registered a FIR u/s 452/506 IPC including a new person alongwith the first person. Eye witness is same in all three statement. what offence was committed by police official and complainant with the HC and other court and with the innocent person and what is the duty of trial court to whom said case is pending for decision. whether trial court can convict the accused in these circumstances and what action can be taken by the accused against the police officials and complainant etc. Facts of this case are based on case/FIR no. 157/4-12-03 P.S. Julana Distt. Jind(Haryana). all nentioned evidence on case file and admitted by complainant.
Advocate M J
12 October 2010 at 18:27
Good evening sir, In a cheque bouncing case what is the time limit to file the case from when the cheque is bounced. If the cheque is bounced we hve to sent the legal notice and after 15 days only we can file a cheque bouncing case???? , right sir. wht are documents v need to submit before the court.and what is a "process memo".i am confused, please can the learned members guide me
Thank you
Anonymous
12 October 2010 at 13:27
a person has been showned by name as an accused along with two coaccused,role of said person is same of one of the accused, complainant has mentined name of said person in FIR but has not made accused, never made any application to any authority to made said person as an accused even role or allegation against the said person are same like other accused, police has filed challan without mentioning any thing about said person, neither made said person as an accused or witness, no investigation of any type about said person, at charge stage, three accused was discharged, charged was framed against one accused but no charge against said person, witnesses on oath has stated on oath mentioned his name as an accused, no application filed u/s 319 Cr.P.C. to include said person as an accused. can a court convict another accused without giving any finding or a single word about said person who still present in case even case was decided?
Anonymous
12 October 2010 at 13:10
when an accused in his statement u/s 313 Cr.P.c. stated the fabrication of case mentioning the relevant documentary evidence and such fabrication establish the innocency of accused and guilt of complainant,witnesses and police officials then can a court totally ignored the said fabrication of case mentioned in statement of accused and established in both defence as well as prosecution evidence. can court has convict a person by not mentioning the fabrication of case which is prima facie establish on the evidence of prosecution as well as defence evidence?
chandranil S Belvlakar
12 October 2010 at 10:11
Can any one explain me the procedure of Identification parade
Anonymous
12 October 2010 at 09:47
We married for 4 years and having a son 2 years old. My wife was good for last 3 years, However, when my parents aged more than 70 years shifted to my place, my wife chaged her approach and started non-cooperation, even for the last few days she is not making any food for me and make a mess of the whole house. She has even lodged GD with the local police station in the name of mine, parents, my sister and her daughter. She is constantly been imporvised by her parents, ender sisters and few freinds who are also suffering the same problems. We are not talking for last few months since went to her mother's house and came back after one month. I tried my best to adjust and maintain peace, But her approcah make a silent at the house and she is not talking to anybody. She alaways keeps the house dirty and does not clean herself and creating an inhabitable situation. She is very adament, stubborn and does not repent for what she has done. She had quarrel and misbehaved with my parents and myself several time. But myself and my parents forget everythings and alsways look for a new begining. But she never co-operates. She is not working anywhere. She even raised question about the charecter of my parents who r more than 70 ywars old. I want divroce from her but wants to keep the kid with me.Please help what should be my steps and how the whole issue can be redressed.
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whether procedure adopted by Magistrate is against the law?
Dear expert,
in a trial of case u/s 384/506 IPC, accused after closed of his defence evidence and before argument has moved seven application u/s 340 Cr.P.C. for intititing proceeding against witnesses etc. for perjury etc. The magistrate beside to place the said applications in the same case file has registered the said application as a seperate case vide seperate number and fixed for perliminary evidence like private complaint and fixed on a date after 2 months of main case and not decided the said applications with the main case, in the main case accused/applicant was convicted against all the legal norms to save the witnesses from the offences disclosed in the applications u/s 340 Cr.P.C. and after 4 months of passing conviction order dismissed the application by helding that applications became infructous even offence mentioned in applications is clearly proved and established. whether magistrate knowingly adopted procedure against the law.