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pratik   06 August 2010 at 18:41

After registering a complaint.

(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

returned cheque

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

Recovery Suit against accused after punishment for theft

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

Anonymous   06 August 2010 at 04:38

Procedure when prosecution witenss not appearing

Ld counsels,

Can the accused seek for the dismissal or ignore the witnesses of prosecution if the witness are not appearing for continusously for more than 3 adjournments.

pratik   05 August 2010 at 21:56

438. Direction for grant of bail to person.

438. Direction for grant of bail to person apprehending arrest.


(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section; and that court may, if it thinks fit, direct that in the even of such arrest, he shall be released on bail.

Query : So we can say that if the offence is bailable than this section can't be used for anticipatory bail or we can say that if the offence is bailable than anticipatory bail is not grant. Pls advice or comment or anyu case laws.

Thanks In advance.

WHATSAPP 91-8075113965   05 August 2010 at 21:37

investigation officer not examined- how fatal ?

sirs,
in a theft case, arrest, seizure, investigation, and charge submitting everything has been done by same police officer. but, during trial, he was not available, as he was in sudan, serving with UNO.BUT, another officer of same police station was examined on his behalf, to prove his signature.but, he could not say anything about, arrest, seizure...etc, as he has not accompanied the said officer.
sirs, please tell me how far this will affect the prosecution case ?
also, suggest me some useful citations, which will be helpful for the defence side .
thanking you sirs,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
advocatesalil@gmail.com

Anonymous   05 August 2010 at 18:55

liquor consumption

I want to know if liquor consumption prescribedIe more 75ml is consumed is no offence u/s,85crpc . is there any judgements of A.P. High court or any other highcourts including supreme court judgements citations are urgent i will very thankfull if some body helps me in this regard

rdburmanmusic   05 August 2010 at 17:04

after bail

sir after taking regular bail what happens if accused wont report it to concern police station and go back to their place like that? is it necessary to visit police station after bail sanction?if wont what action police can take on them?only lawyercan visit station and give copy of bail or accused must visit?pls answer.

S. Bharath   05 August 2010 at 14:39

Photocopy and Scanned copies

I invite the attention of Ld. experts to the ongoing thread of discussions ignited by Mr. Assumi in the Forum Section [Criminal Law] related to Section 65-B of Evidence Act and the status of photocopies and scanned copies. Very interesting discussion going on, so please participate with your views.

For ready reference, the query posted by Mr. Assumi was: "What is the difference between photocopy and scanning in the context of electronic records within the meaning of Section 65B of the Evidence Act? Does both falls within the meaning of Section 65B?"

Muneeswaran K   05 August 2010 at 11:33

Civil or Criminal

In a fraudulent partition of a property whether a Civil case or a Criminal case fetches faster result?
Amarjothi Muneesaran