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sushil   07 October 2010 at 10:59

delay filing charge sheet

respected sir,
i want to know "how delay in filling chargesheet will help the accused"?

Advocate. Arunagiri   07 October 2010 at 07:28

Private complaint and framing of Charges

The police registered the case on a court direction. The police refered the case as civil in nature. The Magistrate allowed the protest petition and taken on file u/s 409, 420, 500 IPC and ordered notice to the accused. Copies served to the accused. The accused went for quashing before the High Court. The High Court upheld the act (fixing the date for framing of charges) of the trial court and dismissed the quash petition. The accused got transferred the case ( notice served to the complainant for the Transfer petition) to another court. Now the new Magistrate says that charges were not framed, it is his discretion to frame the charges after hearing the entire prosecution witness. Under the circumstances my doubts are:-
1. What are the procedures involved in framing the charges in this private complaint?
2. Whether the present Magistrate is having the right to over look the orders of the High Court?
3. Whether the accused can prefer quash petition before the High Court for the 2nd time?

C S PATANKAR   06 October 2010 at 23:04

whether abusing/using insulting and filthy language during business communication is a criminal offe

One property dealer has been consistently abusing me and have been using filthy/insulting language, as the questions asked by me are such that he knows that if he answers those questions logically, then he can not justify for the business wrongs that he has already committed for which he can be easily booked under the provisions of law. Therefore, in order to apply undue pressure on me and demoralizing me, he has been consistently abusing and using filthy/insulting language against me through emails, as all the business communications are taking place through email only.

QUESTION IS, THAT WHETHER HE CAN BE BOOKED UNDER CRIMINAL LAW, AND IF YES THEN UNDER WHICH SECTION OF IPC?

Goutam   06 October 2010 at 22:10

Validity of loan amount under N.I Act



In which period the loan amount or (loan )consider will be time barred under N.I Act.

nandita   06 October 2010 at 19:47

urgent help needed from the defendant side!!!

Proposition
• Raman pandey cultivated in the land given to him by his wife's mother deepa dube. There was no legal document relating to transfer of property .Deepa Dube wanted to create a gift deed in favor of her other daughter meena dube.

• Raman pandey threatened deepa dube that he will kill her if she gifted the aggricutural land to meena dube .The next day deepa dube was found missing .

• After 4 days Raman Pandey came to the police station and confessed that he had pushed deepa dube in a near by pond and she drowned in the water.The police discovered the body of deepa dube and raman pandey was charged with the offense of murder.He faced trial in the sessions court of Patna
PS:To be prepared from the defendants side.

Anonymous   06 October 2010 at 18:12

bail

In criminal case accused on bail after FIR on
orders of high court to cjm court.Now charge sheet has been filed is it necessary to take bail again for accused.

sushil   06 October 2010 at 15:48

time limit for police to file charge sheet

respected sir,
a fir was registered under section 452,324,325 on 7th may 2010.police have completed all its investegation but they are not filling the chargesheet against the acused till 6th oct.i want to know 'is there any time limit to file chargesheet?' iwant to know will this delay help the accused?

vinay   06 October 2010 at 15:12

any action by girl's parents after her death

sir,
my wife expired on 31st aug,2010 due to heart failure. i got married on 28/11/09. she was 2 months+ pregnant at the time of death. on 30th aug, she complained for vomiiting and pain in chest. we consulted lady doctor. Dr said its normal as it happens in starting of 3rd month.

in late night of 30th aug (app 1:00am) she complained for severe pain in chest. We immediately took her to hospital but she dint survived till that time.

her uncle, lives in same city, also arrived hospital. Dr declared her dead in front of him.

next day we donated her eyes. everything was normal. her ritual ceremony was conducted after arrival of her parents. they did not complained or blamed at all.

but after few days, they wrote letters to society that we killed their daughter. we used to give her mental harrashment for dowry( this is a totally false blame.). we did not arranged for proper medical treatment. whereas they have not mentioned any where that ever their daughter asked them to send any gift or rupee being demanded by us. They are saying every where that we did so intentionally.

these all they did on writing. Now verbally they are asking to return jewelerry which they gave to their daughter at the time of marriage. Even they are asking us to meet up expenses which they did on marriage.

i need your help. What should i do now? Is there any chances of legal action which they can take against me and my family???

Do i need to take any safety step??? Even can i teach them any lesson for these mental harrashment?

Anonymous   06 October 2010 at 11:23

fear of 498a

sir,
i was married on 28/11/09. everything was going on fine. my loving wife deceased all of a sudden on 30/8/10's night. now i need your help. i am narrating you whole incident.

her name was neha. ours' was an arranged marriage. our life was going on smoothly. in my family: papa, mummy, me and 2 sisters(both married). just we make a trip to vaishno devi last month too. we left on 10th aug,10 and returned back on night of 23rd aug,10. there she assumed that she is concieved. after returning to ranchi, we consulted famous lady doctor on 26th of aug,10. there it was confirmed that she is 2 months pregnant. dr took following checkups:
VDRL OF BOTH, HAEMOGLOBIN, BLOOD SUGAR (R), HIV 1&2, R/E OF URINE, ABO GR AND AUST.ANTIGEN... EVEN USG was being done. every test were normal. she complained for pain in chest & breathlessness on 29th. we again visited dr. there dr said that itz ok. it happens in starting of 3rd month. when she insited again dr asked her whether she is having prior problem or else??? she denied that she was not having any problem earlier. then dr dint recommended any thing and suggested to be bold.

on that night at app 1:30 am, she complainedpain in her heart. we took her to dr immediately. but she was no more. dr reported it symptom of heart failure. we decided to donate her eyes with consent of her uncle who lives in same town. infact we did all customs only after arrival of her parents, i.e, her mom & dad. every ritual spirits were carried on as per hindu dharm in presence of her parents & society. they dint objected any where.

but now they are spreading rumour that their daughter was mentally harrased here for dowry.. neither it happened nor in 9 months any of her parents visited ours' place. she was infact very happy.

but now they are creating a social drama. They are blaming us that we harrashed her mentally for dowry which leads her to death.

i need your help... what should i do???

Anonymous   06 October 2010 at 05:58

ON A BREACH OF CONTRACT WHICH HAS RESULTED DUE TO DISHONEST INDUCEMENTS

A builder had fraudulently induced investors to invest in the project, by stating that there would be a Roof Top Restaurant over the residential complex, that after the Project is completed he will assist the Resident Welfare Association to generate rentals by offering the accommodation to tourists, and since the property is situated in a prominent tourist place in Himachal, builder has not taken the permission from Govt to Legally lease the property to non himachali buyers.
When documentary proofs were asked from the builder by the buyers about these promises, builder instead of making any worthwhile statement or forwarding the documentary proofs for verification of the truthfulness of the Promises by the Builders as stated above, he returned the money to buyers resulting in breach of contract unilaterally.
QUESTION IS , WHETHER BUILDER HAS COMMITTED CRIMES OF CHEATING, OTHER THAN CIVIL OFFENCE OF BREACH?