Anonymous
11 October 2010 at 20:27
a judicial magistrate evidently to save the real guilty reach person and his relative,who are complainant and false witnesses,has knowingly, intentionally convicted the innocent person, against the law,evidence and facts and by ignoring the applications u/s 340Cr.P.C. against said rich person even guilt of rich complainant was well established. written complainant was made against the said magistrate to Hon'ble Chief Justice of S.C.,H.C. of P&H, inspecting Judge, Session Judge on 19-8-09 but till today no information was sent to me by any authority.what steps be taken against said magistrate and what help can lawyer club of india can provide in this matter?
rituraj
11 October 2010 at 19:54
Sir sorry, earlier I have not mentioned my problem clearly.. To seek advice from this forum, I m explaining it briefly .Sir one of my relative is being arrested by police for some investigation. The police personnel was having one mobile number of the accused person for which they are asking my relative to indentify that no. they are telling that from yours no. some phone calls are received and made to that no. At first instance he could not identify it. Then they took him to police station and locked him. When his family came to know this, they all went to police station and asked about the matter. Then they (police) disclose that they are searching the subscriber of that particular mobile number who has made threaten call to some one who has logged the FIR and police failed to catch that person who has made the call because he has given fake address while purchasing the sim. That’s why they arrested my relative b cos in caller list his number appears two or three times. After that whole family members asking each other that any one could identify that no. fortunately one of his family member identified that no and told that he is knowing that guy and his house also. Sir one thing I have missed to tell u that my relative is running a coaching center in which so many boys and girls are studying. Often their parents call my relative about their child performance and where about etc. etc. So when that no. was identified, they all went to police station and told the matter to police i/c of that case. Meanwhile my relative was in police lock-up from last 24 hrs. and being interrogated by police staff. Lastly when police came to know identification of that no. they had done raid and successful to capture that guy.
Sir after this I thought police must release my relative. But on the second day also he is in lock-up. After enquiring the policemen he told that he is (my relative) also a part of this case. As b cos of his number that person has been cached . Sir I m requesting u to kindly advise me that what legal action police will make . and what my relative can do to safe guard himself. After all his family has done needful for police, even after 24 hrs also they have neither put him in front of the court nor release him As the whole family doesn’t know the legal process. First time in life they have been in this type of situation. Sir what is ur advice in this regard, whether they have to take any lawyer s help. or even lawyer cannot do any thing in this regard. Perhaps police i/c wants some money. What I can do for my relative. I need your advice. Thank you
NAVNEET GUPTA
11 October 2010 at 18:45
Sir, a lady on whose complainant the police filed a chargesheet U/s 451/353 RPC(J&K) and on the presurre of accused and prosecution agency ,as she was threatened of dire consequences ,made different story before the Court which will in future exonerate the accused . The evidence in the case is still going on .The accused has now threatened her to get her defamed and file a case for malicious prosecution . The lady/complainant now intends to retract from her statement and wants to make a correct statement before the court.
Please advice on this issue and also the law point / procedure .
Anonymous
11 October 2010 at 16:54
I want to file a case against Mr. X who has taken posession of my DDA flat extended structure of rooftop and got registered doc. for the rooftop in the name of 123-D which is non existant. He has got duly registerd Agreement to SEll with Registrar which is a complete fraud. He has got an electricity connection from NDPL on the basis of these fradulent documents. NDPL says they won't remove the elec. meter and asked me to file criminal case against the culprit. Please tell me the procedure to file such a case, the possible outcomes and the total time it may take.
Gaurav
11 October 2010 at 15:49
Separated from parents and living separately with
wife in a rented accomodation for past 4 months.
Wife always fighting and quarreling. I want to end
the relation with her fed up with daily abuse and
fights for past 8 months.
Wife says, that she will not give divorce and will
make my life hell by residing with me in the rented
accomodation. She says that she wont go to CAW but
will keep fighting and will make my and my parents
life a hell. Parents are not staying with me.
Please advise what should I do?
I want divorce and marriage is 8 months old only.
Anonymous
11 October 2010 at 12:14
is it important/necessary to take the consent of the complainent to file the petiton for quashing of an fir under 482 CrPC or it is a one side proces.
Anonymous
10 October 2010 at 22:43
One builder falsely promised that bank loan is available from a particular PSU Bank to buy property of his project. On submission of loan application to the designated Bank, It was known by the buyer that project related significant papers were not submitted by the builder to the Bank.
in fact on perusal of the documents submitted by the builder to the Bank it was revealed that builder has projected the property to be 'purely residential', whereas Builder projected to the buyer that property could be used commercially to generate commercial rentals.
On finding this discrepancy, buyer asked the builder to produce the documents to him as the same documents were not submitted to the Bank by the builder.
Builder when repeatedly asked by the buyer to produce these documents for verification of the truthfulness of the project before release of further payment, Builder got fed up and since he did not have these documents for approvals regarding commercial use of the property as stated by him in his advertisement, he returned the money to the buyer on the pretext that he did not pay installment in time after deducting Rs 5000/-. In this transaction builder kept the money of the buyer for 2 and a half month.
Buyer suffered two losses. One which was tangible loss of Rs 5000 plus the Bank interest on Rs 450000/-which he would have gained if money was simply kept with the bank in savings Bank, and the other is intangible loss of being deprived of buying the property of stated description, as apparently without his fault, builder unilaterally 'Breached' the contract when buyer demanded documents for the verification of the Project.
THE QUESTION IS WHETHER THIS CASE FALLS UNDER CRIMINAL CATEGORY AND IF YES THEN WHAT SECTIONS OF IPC BUILDER CAN BE ALLEGED FOR HIS MISCONDUCT?
SATYANARAYANA K
10 October 2010 at 08:42
"X" borrowed an amount of 50,000/- from "A" to that effect "X" executed a promissory note. repeated demands made by "A", "X" failed to repay amount to "A".
"X" daughter is "Y". "Y" has Bank cheque book.
after repeated request made by "A". "X" issued a cheque to "A" cheque belongs to "Y"
"A" presented cheque in bank, cheque got bounced
"A" wanted to file a case
My queries:
"A" may file a case against both parties i.e "X" & "Y"
please suggest sir, with relative case laws
rituraj
10 October 2010 at 03:34
sir please tell me
what is law in india for a person who is arrested for investigation
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corrupt judicial magistrate
Judicial magistrate in his judgement after recording finding to the effect that" i have heard both the consel and going through the record of case file, i am of the considered opinion that prosecution has miserbly failed to prove the case against the accused" has convicted the innocent person to save the rich person, against law, facts,evidence even it is established on file that rich person has commit serious offence by filing false and fabricated documents in the high court for getting a direction on same matter because the reason one of the accused has made a complaint to a friend judicial magistrate of said magistrate. in what way said magistrate can be punished for his wrong act even after complaint H.C. etc. no action against the said magistrate. can file a PIL or any writ petition to Hon'ble SC/HC.