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
meenakshi chauhan
03 September 2010 at 19:00
Criminal case is state's case. but i have seen complainant's advocates arguing in the court (specially i am talking about bail matters). PP keeps standing and complainants private counsels do argue.
but once in UTSAV BAIL MATTER (IInd BMW ACCIDENT) I saw that when counsel of complaints started arguing he was stopped by the accused's lawyer, and he was asked to keep silent by the judge also.
I wanna ask what the law says in this regard. can the pvt counsel of complainant argue the matter (Bail Matter) in HC. is there some law that can stop him from arguing or some law that can permit him for arguing?
Anonymous
03 September 2010 at 17:41
This is regarding my post of applying for a passport with accident case pending. The case is registered in Mumbai and I am a native of Surat, Gujarat.
My further question is How would the police (P. Stn. in different state-GUJ) or any passport authorities or immigration authorities come to know abt my case. Do they have any online info where they can chk my details?
What if I hide to the passport authority in Guj. while applying for the passport with an accident case in Mumbai, or to the police stn in Gujarat during my passport inquiry or with the immigration authorities while traveling?
How can they track?
FYI-During the FIR/chargesheet stage during the accident, police did not took any photo of mine, they just took my fingerprints on plain paper.
Anonymous
03 September 2010 at 17:03
Dear dir,
During pendency of 498a,mentinance ,child custady cases, a compromise settlement is offered by Add.Dist judje towards me to pay 10,000,00 Rs.(Ten Laks,)asking for settlement. In which judje said that all the cases will be removed and there will be no claim in future in my property by her for chldren ( Male one and one female).My salry is 40,000/- per month (Govt. job).
My query is that What precausions should be take during settlement so that in future she can not claim in my property and expences of marriege of my childs and other issues.
Kindly suggest me.
Thanking for valuable sugesions.....
Anonymous
03 September 2010 at 12:09
I have a pending accident case against me from 2007, and my current job requires me to go abroad for few days. I do not want to disclose this fact to my employer as I do not know what would be there reaction. Please let me know weather I would be able to obtain a legal Indian passport and how, with the accident case pending? Also let me know the immigration issues and can it be handled and how?
Anonymous
03 September 2010 at 12:08
Sir,
I am working with a company as Asst.Law officer. that my company were prosecuted under drugs and cosmatic act. that the court made our CMD and Company alongwith other three as accused and CMD represented the company as per the complaint. that as far as the CMD is concern we got a stay from H.C on showing some affidavit filed by the complainant in complaint alongwith other papers which was a affidavit file by some responsible designated person before Drugs controlling licensing authority for grant of license with words that he shall be personally liable for any prosecution under drugs and cosmatic act regardig to the drugs for which our company held prima facie laibe for prosecution.
that now my company wants that I represent the company before lower court for the purpose of cross examination and other things.
My query, 1.Is there any possiblity of my personal liablitiy in case I handled that case and involved directly as representative of company under section 305 Cr.P.C ?
2. In case, during the trail, If I left the Job from that company that what is my personal liability before court?
Regards
Dinkar Vidyarthi
Kumar Krishan Agarwal Advocate
03 September 2010 at 01:45
Dear Ld friends,
I want to know that in the compensation case under Sec 357 of Cr.p.C and in defamation case of 499 IPC if any person requisite the amount of claim for the injuries he sustain against offender then Will the claimant have to give the required heavy court fee like in the Civil Suit according to the value of the claim.
Or
The criminal cases don't require court fee so much as in civil suits.
Anonymous
03 September 2010 at 00:10
I have been imposed of charges under ipc sec 107/116 in a family matter. Although I was not there when all the action took place. Wat can I do? Is this serious...Please advise.
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