Thyagarajan
21 August 2010 at 21:48
Dear Members
A public grievance complaint had been lodged by me against a builder to the police on offences of cheating that is the building he constructed had no approval of local authorities which amounts to cheating under IPC 418 and punishabe under Cr.pc. A complaint against the same builder had been made by me in a civil court that he had not completed a flat as per contract of construction. The civil case is running and numbered. The inspector concerned refused to take my criminal complaint after taking my statement on the basis a civil case is pending .
Can any member advise me whether the inspector was wrong and quote a case in proof of the same?
Regards
Thyagarajan
21 August 2010 at 21:31
Dear Members,
A police Inspector, based on a complaint made to hin by owner of a flat , on matters connected with parking facilities in the complex , has asked the Secretary(who can be sued)of the Association of owners of flats to appear in police station on Monday he 23rd August 2010. On question by me(another flat owner) having concern on the procedure adopted by the police whether an FIR has been made and the secretary was given a copy of complaint the answer from the police SI was in negative. Can any member advice whether the Inspector(who just visited the complex) can ask an accused to appear before him when he had made no FIR nor given a copy of complaint or start an investigation? Also should the inspector have decided on the offence committed under IPC? Can the accused refuse to appear when there is no FIR? An early answer from an expert will be appreciated in view of short time left before the secretary
regards
Abdul Latheef
21 August 2010 at 15:16
Respected Sirs,
Am permanent resident in Rajaghiri Vilage, Papanasam Taluk, Thanjavur District, Tamilnadu. As of now am doing my higher studies.
On 16.10.2001 a Panchayat Board election was conducted by Honourable Election Commision India, where my mother contested as President candidate.
On the event of the above there was dispute arose between the opposite candidate and us, on which the opponent candidate husband unlawfully gathered several hundred of goondas after election is over and destroyed our house , cars and hurted my father and his supporting cadres. On this account local police have registered a case against them on Crime No. 335/2001 under IPC 147, 148, 336, 324, 506(II) and 3(I)TNPPDL ACT.
But the opponent candidate husband have good influence over the local administration and local police with the good political support, in which he influenced local police to file a counter case on us on Crime No. 336/2001 (My father, me and other cadres) under the sections of 147, 148, 341, 324 and 506(II) IPC for making compromise for the earlier case registered(335/2001) . Later we got Anticibatory from Honourable High Court of Madras and bail from The Chief Judicial Magistrate, Thanjavur.
I have not recieved the summon as am out of station for my studies.
Still the case is pending for almost nine years before Honourable Judicial Magistrate, Papanasam.
My query is about THE TAMIL NADU JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2001. The case is registered when i am 16 years and 7 months old. But recently i understand from my father that a warrant has been issued against me from Honourable Judicial Magistrate, Papanasm to appear in the court. As am 16+ years old at the time of registration of case now am 25 years old. Please advice me whether i can take the help of Juvenile Justice Boards for seperating me from the other persons and to prove am not at guilt as the case filed is case in counter. Other wise i should appear before Judicial Magistrate, Papanasm.
Also please advise me the procedures and concern person to relieve me from the fabricated case.
Regards,
Abdul Latheef.
Anonymous
21 August 2010 at 14:14
My wife filed 498A against me, we agree for mutual divorce, she is helping us for quashing it in high court, after my and my wife appread in 498A Quashing case (482) in high court the judge after confirming from us our divorce date (final decree date), said to our lawyer that the 498a will be quashed when we show him the divorce degree no need of clients only the lawyer show the court the divorce decree . In true copy of the case "All the disputes prevailing between them have been settle amicably, their petition for divorce by mutual consent has been fixed for verification on certain date.
Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date." I want to know Do my wife have power now to refuse to withdraw 498a after above high court decision, or she can demand anything if any lawyer suggest her
dipankar
21 August 2010 at 13:57
If someone has lodged a case against somebody and while withdrawing the case does he legally require to have the other part’s consent or can he withdraw the case without letting him know.
dipankar
21 August 2010 at 13:51
Within what time limit a DSP should investigate a harijan case and submit his enquiry report.
Anonymous
21 August 2010 at 13:04
A person is falsely implicated by Narcotic Control Bureau {NCB}in a Conspiracy case involving commercial quantity for procurement of Contraband Drugs.
The Said accused is suffering from Paranoid Schizophrenia [unsound mind] since 2008 as per medical records. the incident has taken place in the month of JULY 2009
there are 2 issues
Is IPC {general exceptions}applicable to NDPS ACT u/s 84 of IPC which says that nothing is an offence for a person of unsound mind.
As far as i have done my research IPC is applicable to all the laws except for special law and Local Law.
NDPS is not a special law, the same is obtained under RTI.
I want to make sure that section 84 is applicable to NDPS ACT and not just for offences under IPC.
dipankar
21 August 2010 at 11:32
DEAR EXPERTS PLEASE TELL ME THAT IF SOMEONE HAS LODGED A CASE AND HE WANTS TO WITHDRAW IT CAN HE DO SO BEFORE THE TRIAL STARTS FOR THE CASE OR CAN HE WITHDRAW THE CASE ANY TIME HE WANTS.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Passport and IPC
A police officer facing vigilance enquiry in punjab in 2007 submitted his statement before enquiry officer that he send his son to Austria from there he went to england at his own level.He got good job over there and sent Rs 1650000/- to him through western union money transfer which was credited in his salary account.But he never submitted his son's passport with visa stamp of austria and england sponsership documents,work permit,address of his employer,residential address in UK to enquiry officer.The amount of Rs 1650000/-was sent by differnt person except his son.Actually he went UK illegally and worked illegally in UK and later caught by UK police and imposed fine and deported to India in 2005.His son got married with US girl in Jan,2009.His son got fresh passportat new address in 2009 and went to USA.What offence a police officer and his son committed by not producing relevant document with vigilance bureau and supressing fact of his previous passport.Whether both are liable for punishment under passport act and IPC.To whom complaint can be made?