Anonymous
06 August 2010 at 21:40
In the matter filed u/s. 138 I am appearing for complainant. The accused is exempted by the court from personal appearance hence since beginning the accused represented by his advocate. Now the evidence of complainant is over but accused still avoid presenting before the court for recording his statement u/s. 313. Court directed me to take steps. But I am not aware what to do. Plz. can any Expert guide me, what to do? And under which sec?
pratik
06 August 2010 at 21:25
1) Who many anticiparty bail or interim bail can a person can get form the court. Any case laws or which section should be refered to known that how many bail can a person can get.
2) A lower court has contempt the order or judgment or decree in any matter of the higher court which is over & above him than the contempt petition should only be filed under the High court & if not satisfied than to the supreme court. pls tell me whether i am wrong or right.
3) Regarding non registration of FIR. If police does not regisrer the case after getting direction from magistrate then the magistrate can do order for contempt of court and can punish the delinquint police officer. Contempt of court 1971 empowers high court and supreme court.But for particular cases magistrate can punish for contempt of court.Also pls define a particular cases as per this para.
Pls tell which section says the point 3.
Thanks In Advance.
pratik
06 August 2010 at 20:53
All IMP POINTS REGARDING THE FIR , CHARGESHHET ITS AMEND PROCESS VERY THING ABOUT THE CHARGESHEET & FIR PLS.
AS I AM NEW TO THE CRIMINAL LAW.
When a FIR is filed than chargesheet is made ? Pls tell me when a chargesheet is made & when a chargesheet should be made or it is complusory to file a civil case or criminal case chargesheet should be made or if the chargesheet made lost by the any person or any police depatmennt officer of any range than whole is responsible or any fine or penalty & if the chargesheet is lost than what to do what is the process after that. The things mentioned under the chargesheet can be included in the judicial proceedings as a evidence to decided a case & after filing the case can a police officer of any range can alter or amend the points mentioned under the chargesheet or court permmission is required. Which is more imp fir or chargsheet.Were to report if the Fir or chargesheet is lost.
Thanks In Advance.
pratik
06 August 2010 at 20:33
162. Statements to police not to be signed: Use of statements in evidence.
(1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Query : So as per the section 162(1) of the Crpc during the investigation process if any statement made by any person to a police officer or statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record CANNOT BE SAID AS EVIDENCE AS PER THE CRPC & INDIAN EVIDENCE ACT. Cannot be put forward in the judicial proceedings as a evidence i think this is wrong.Pls correct me if i am wrong.
Can ANY LD MEMBERS CAN EXPLAIN ME THE HOLE MEANING OF
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Pls It is a request.
If POSSIBLE WITH THE HELP OF A EXAMPLE(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s).
Thanks In Advance.
pratik
06 August 2010 at 19:23
If the complaint indicates a cognizable offence, an FIR should be registered by the officer-on-duty of the Police Station and investigation taken up; if the facts do not prima facie indicate commission of a cognizable offence, a complaint should be registered in the CSR (Community Service Register) and an enquiry taken up.
Query : When a fir is registered it should be complusory registrerd under CSR or any other register also it includes a civil or criminal cases. Also FIR should be registered by the officer on duty. Eg : officer on duty. constable is also include or any qualifications is required to take & registered the FIR.
Thanks In Advance.
Anonymous
06 August 2010 at 19:06
no conviction for an offence under 498A i want recent judgement of supremecourt on the 49a is no offence
pratik
06 August 2010 at 18:41
(b) After registering a complaint of a cognizable offence, a copy thereof must be given to the complainant free of cost.
(c) In case of non-cognizable offences the police do not have a right to investigate the complaint without the orders of the Court.
Query : 1) So as per the point b we can say that if the offence is non-cognizable offences than the person who file a complaint have to pay the cost for a copy. If yes what are the fees to be paid to whom & if paid late they any interest or any kind of action.
2) As per point b & C we section says the above mentioned points mentioned under the point b & c.
Thanks In Advance.
satish
06 August 2010 at 11:36
RESPECTED SIR
I HAD ISSUED A NOTICE u\s 138 IPC AND THEN SUMMONS TO A PARTY IN KERALA ,THE COURT HAD GIVEN ME A DATE OF 4th AUG 2010 i.e AFTER 8 MONTHS ,BUT WHEN I WENT TO THE COURT THE COURT SAID THAT THE SUMMONS REPORT HAS NOT YET BEEN RECEIVED BY THE COURT SO GAVE ME ANOTHER DATE ON 16.11.2010 SAYING THAT THE REPORT MAY BE ON TRANSIT.WHAT TO DO IF STILL THE REPORT WILL NOT BE RECEIVED BY THE SAID DATE ,WILL ISSUING NEW SUMMONS TAKE ANOTHER 8 MONTHS ,ALSO THE PARTY WHICH HAD ISSUED THE CHEQUE HAS SOLD THE SHOP AND HAS SHIFTED TO ANOTHER ADDRESS ,SO PLEASE GUIDE ME AS WHAT TO DO :
1.IF THE SUMMONS REPORT IS NOY RECEIVED BY 16.11.2010.
2.WHAT TO DO IF COURT GIVES ANOTHER DATE.
3.IF THE PARTY HAS CLOSED THE SHOP
4.PARTY SHIFTED TO ANOTHER ADDRESS .
PLEASE GUIDE ME
THANKING YOU .
Manish Kumar Gupta
06 August 2010 at 10:56
Dear All.
I need to know, if we can file any civil recovery suit, against any culprit/accused get punished for theft 379/380 IPC.
Please suggest.
Regards,
Manish
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Money Laundering Act.
1) Is there any pre condition for registering a FIR in criminal case.
2)Can a anybody can tell when writ petition should be filed & after filing the writ petition the judgement passed by the judge is not satisfied than can we can go for the appeal. When a writ petition is filed what things should be kept in mind. Also if a FIR is registered can any person can file a writ petition.
3)Also as per money laundering act in bombay if the loan is given by the cheque or any other mode & after some time the particular is not return or the cheque is dishonoured than the person who has given the loan can file a compliant as per section 138 of the NI act as the person who has given the loan in not a finanical business man & if he is not than he recover the loan amount. alos if any single transactions is done regarding the laon then they have to registered or they have to obtain a license under the money launder act in bombay so if the person don't gives the money or the cheque is return than he can file a case.
Thanks In Advance.