Anoop Deshpande
05 September 2010 at 12:15
Can anybody send me format of the sworn statement to be filed by the complainant in Private Complaint u/s 138 of NI Act???
Member (Account Deleted)
04 September 2010 at 19:18
I have the below order for arrest stay from Allahabad high court in a 498A case. The order says that after mediation the case shall be listed in the second week of September and until then the arrest of petitioners is stayed. My question is that the case is not yet listed and not likely to be listed till oct as mediation dates are in october...so would it meen that unless the case is listed and heard after report of mediation centre the case shall remain stayed and arrest of petitioners would be stayed until then.
In case mediation fails then what would the court decide as the case in lower court is stayed and chargesheet is not yet filed.In case the Mediation fails then what would happen on the listing date in HC would it be transferred back to the lower court. In that case what would be time when we apply for bail as the date its dismissed from HC so would it mean that we are absconding till the time we apply for bail or HC will give some time to us to apply for regular bail.
Order Extract below:
Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A, 323, 504, 506, 377 and 494 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.
It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010
Anonymous
04 September 2010 at 15:31
I am govt employee and my Contempt petition was pending in the central administrative Tribunal When the notices have been issued to the respondents/contemnors , they have not released the salary of August 2010 and also recovered the salary of the July 2010 from the bank where my personal saving account was there
I filed the separate Miscallalneous Application against the contemnors which will be listed very soon?
Now my queries are whether I can filed the criminal case against the bank as the respndents/contemnors have good nexus with the bank and the bank has debited the amount without intimating me and without my consent?
Please inform whether the Application is mainatainable under which section of the Crpc and whether sections of Criminal breach of Trust with cheating and forgery is manataianable under such circumstances
Anonymous
04 September 2010 at 11:52
Thanx Ld. counsels. Kindly give me current ruling regarding this matter. or can u explain this in the light of current supreme court ruling which is based on Habeas Corpus writ.
Anonymous
04 September 2010 at 08:51
My ownership office was broken in in 2002 by the members of managing committee and a case registered against the accused persons is still going on and the trial is being delayed by the corrupt MM at the behest of these persons. I am now 64 and intend to sell the office premises in my possesion and therefore request expert opinion on following points:
1) Can the office premises be put up for sale?
2) If sold Will it affect the trial in any way?
Warm regards,
Anonymous
04 September 2010 at 08:50
Sir,
In a pending case against me under the PC Act, Charhes have been framed on the basis of one DGS&D Office order which I am alleged to have violated. Further, reliance has been placed on the deposition of 3 witness before the IO who have said that they had submitted a 'Detailed report' to the department as experts in Chemical engineering field and they stand by the conclusions of their report. These two documents i.e. DGS$D order and the 'Detailed report" have not been filed before the court. I need to cross the IO and the 'experts' with reference to these cited documents. Can I file for getting copies of these documents? Pl advise. Thanx
SHIESTA007
03 September 2010 at 22:55
can a caveator file a petition in the criminal court
Anonymous
03 September 2010 at 21:11
A first information report has been lodged under Section 364 IPC against 6 persons and IO submitted Charge Sheet against 4 accused persons mentioning therein that the offence is made out against 4 accused persons and against 2 persons the investigation is still going on. After submission of the Charge Sheet against 4 persons, the magistrate has taken cognizance under Section 364 IPC but the kidnapped boy is still not recovered either dead or alive and now the matter has commit to court of Sessions. I have filed a Habeas Corpus Writ for production of corpus. Now, I have some quarries:-
QUARRY 1- Whether Habeas Corpus Writ can be field at this stage as mentioned above (Maintainability as well as Scope of HC Writ)? If your answer is YeS kindly give me an appropriate Ruling of Supreme Court with this regard.
QUARRY 2- Whether a Writ of Mandamus can be filed for a direction to the police authorities to make proper investigation or further or re-investigation in this case including production of the corpus before the court? or challenging the investigation conducted by the IO?
QUARRY 3- Should I challenge the Charge Sheet along with the cognizance taken by the magistrate by means of Section 482 of Cr. P. P. before the High Court? Or
ANY Other remedy which you like to suggest.
Kindly, give me the reply as soon as possible supported with current Rulings of Supreme Court with all QUARRIES.
Waiting 4 Reply....
Anonymous
03 September 2010 at 20:05
Is there any Court Fee to be paid for filling Objections/Written Statement in Prevention of Women against Domestic Violence Act-2005 and also Cr. P.C. 125
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Criminal Revision or Criminal Petition
police submitted chargesheet aagaist the accused person showing him as absconder. Trial magistrate issed NBWA against the accused.
question is whether before issuing NBWA whether the trial court was required to follow any provision of law and if yes then what are those provisions? And if no
whether the accused shouid prefer a criminal revision u/s 401 Cr.P.C. or criminal petition under section 482 Cr.P.C.?