WHATSAPP 91-8075113965
01 September 2010 at 13:34
sir,
can anybody provide the following citation urgently :
1988(3)scc(crl)822
it is on the notification on wild life protection act.
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 13:30
sir,
allegation against the accused is that accused was found in possession of some peices of rails and after trial accused was convicted u/s 3(a) of railway properties 9 unlawful possession ) act, 1966.
here in this case, there is no special mark on the rail , or emblem of railway on the rail, to prove that it actually belonged to railway.
but, there is a vagoue statement that it is the property of railway in serviceble condition and and not auctionable, and not available in the open market.
is it , satisfactory identification of mos to sustain conviction ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 13:14
sir,
in one of my case, allegation is that accused produced fake tax-receipt in court and he was taken in to custody on the spot and magistrate took cognizance u/s463, 471, 475 of IPC AND FOREWARDED THE CASE U/S 190(1)(C) of crpc.here, magistrate is the CW1.same magistrate tried the offence for some time and subsequently got transfered to some other place.and trial was conducted by some other magistrate. AND , NOW, all the witnesses has been examined, except the investigation officer.if the previous magistrate was not got transfered, it would have been an embarassing cituation, as the CW1 and magistrate is one and the same !
now the present magistrate understood the illegality of the trial being conducted in the same court, transfered the case urgently to CJM.
NOW MY QUESTION IS THAT, the major part of the trial has been over in the old court, which itself is the complainant and now only the investigation officer remains to be examined.so, the transfering of the case at this juncture, will legalise the whole trial ?
how far this illegal trial will be favourable to the accused ?
please furnish me any ruling to the effect that accused has been prejudiced by this illegal trial .
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:55
sir,
in one of my case accused was found guilty and accused , being a lady pleaded mercy of the court and court kept the case for the report of the probation officer and the probation officer gave a report showing the mitigating circumstances in which accused lives! coolie worker, father a TB patient, no male member.... etc. still the court convicted the accused for 3 years rigorous imprisonment.
how far will be the effect of report of the probation officer in the appellate court ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:46
sir,
in one of my case, accused was found in possession of 6 kg of gun powder. he was charged u/s 4 of explosive substances act.
i have heard that , it is offence u/s 4(g) of the explosive act and not an offence under explosive substances act.
can any body explain the difference between these two acts ?
also, please state essential legal formalities to be complied with, by the prosecution, in both these enactments, from arrest of the accused to submitting of charge sheet. ( for eg. sanction u/s 7 of the explosive substances act).
please furnish me some useful citations for defence counsel ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:31
sir,
my doubt is that whether a detecting officer can be substituted by another police officer, who is totally a stranger to the case, at the time of evidence ?
my case in hand is that accused committed a theft in temple. he was arrested, confession was recorded, mo was recovered u/s 27 of evidence act,investigation was conducted, charge sheet was submitted,..... all these were done by one police officer.now, he is not available in india. so, the prosecution intends to examine another police officer of the same station, in his place, who is actually a total stranger to the case.
i have objected prosecution's this move.but, court has asked to provide any rulings, to substantiate my contentions .
so, i need some citations, urgently in this regard .
please help !
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:02
sir,
in one of my case, the allegation is that 4 accused persons showed a knife to the defacto-complainant and snatched a gold chain from him and subsequently after so many days, gave it to the 5 th accused to sell the gold ornament.here the offences charged against the accused are u/s 392, 398, r/w 34 of IPC against accused No. 1 to 4 and an offence u/s 414 of IPC seperately.
now , in this case, charge has been framed and denied by the accused,summons has been issued to the witnesses.
now, my doubt is that, here the only sessions offence is 398 IPC. it requires 5 or more persons to commit the offence. but, here, in this case, even though now there are 5 accused persons, at the time of commission of offence there were only 4 accused persons. or in otherwords, accused No.5 has not ever took part in the dacoity at all, the only allegation against her is that she has assisted in concealment of stolen property (u/s 414 IPC).
so, according to me 398 will not lie as there were only 4 accused persons at the time of dacoity.
if at all, 392 may lie.so, 392 IPC and the other offence charged against accused No. 5 , 414 IPC, is also an offence triable by magistrate only.but, now, as sec. 398 has been incorporated now it is in sessions court.now, charge has been framed and denied by the accused. so, i cannot argue for discharge also.
what is the remedy ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 11:32
sir,
in one of my case, accused was found guilty and sentenced to undergo si for 3 years and to pay a fine of Rs. 10,000/- for an offence of 457 of IPC and an si of 2 years and a fine of 5000/- for an offence of 380 IPC.
Is the judgement of the judicial first class magistrate legally valid , as per sec. 29(2) crpc?
as per sec 29(2) crpc, the maximum amount of fine that can be imposed by a magistrate is Rs. 5000/-.
he can impose any amount as comphensation u/s 357(1)(d) in the above offences, but, it should be " comphensation ".
here it is, fine only.
please explain ?
now, i have filed an appeal, appeal has been admitted ,sentence has been suspended till the disposal of the appeal, by the district court.
what is the effect of such illegal judgement of lower court, on an appeal ?
salil kumar.p
advocate
thalassery-670101
9447536929
advocatesalil@gmail.com
Mr Sreejit
01 September 2010 at 10:14
DEAR ALL,
I AM A VICTIM OF FALSE INVESTIGATION BY KOLKATA POLICE. I WANT TO FILE WRIT PETITION AT KOL HIGH COURT. BUT I AM NOT FINDING PROPERLAWYER. MANY WHO I CONTACTED HAVE NO GUTS AND REFUSED TO PROCEED OR MIS GUIDE OR DISCOURAGE US.
PLS HELP. IT IS EXTREMELY URGENT AND SENSITIVE. TO MENTION EVEN RTI WEST BENGAL IS A FAILURE IN THIS CASE.
REGARDS,
09830928232 - KOLKATA
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498 A and Chile Custody
Hello
plz advise
I got married in dec 2007. In jan 2010, wife left matrimonial home at chandigarh and left my 20 months sick daughter too and filed a false dowry case on me and my old aged parents ( both 70+ and patients to chronic diseases). My daughter is too weak as docters said that she is suffering from malnutrition. She is not gaining weight as required.
me and my parents are arrested in feb and are out on bail and attending courts ( 250 kms away) were wife now resides
She has not tried to take custody of shild till date and not bothered about her daughter.
I want to know is ther any law on this wich take action on wife for deseration of child.
Can court give her decision to have child's custody as i am ready to pay for child mantainence as baby being female need her mom.My parents being in old age are unable to take care and mine job is touring....baby is suffering
Plz advise with legal openion
many thanks
Mani