Dear Sir
is there a time limit for the metropolitan judge to ensure that the chargesheet presumably filed by the police is handed over to the accused who at the end of almost a year is yet to know under what charges he has been booked , arrested and under bail with a surety of Rs 5000/- ? The accused meanwhile had to vis the court almost every month only to get the next date.
Regards
haridas mandal
R/Expert
In a death/murder case,dying declaration was recorded by magistrate,FIR was got registered against some persons,investigation is still going on,investigating officer contacted to concerned court and magistrate for obtaining a copy of dying declaration,but he was rewfused,what is legal position in given facts,I.O. and accused how and when(at what stage)can obtain copy of dying declaration.Thanx
RESPECTED EXPERTS!
CASE DISTT-DURG (CHHATTISGARH)
FIVE ACCUSE CHEATS MORE THAN 24 PEOPLE OF RS 1 CRORS..ON MAY 25, 2009 . POLCIE REGISTERD CASE U/S 420 406 409 34 ON 14 SEP 2009.
BUT
POLICE DO NOT INTERESTED TO TAKE ANY ACTIION AGAINST ABOVE ACCUSE. AFTER 10 MONTHD OF REGISTERD OFFECNE POLICE DID NOT FILE CHARGE SHEET .
BECAUSE THE ABOVE ACCUCE ARE RELATING BIG POLITICAL,OFFICIAL & SOME COURT MEMBERS CONNECTION.
1. WHAT WE CAN DO THE BEST FOR JUSTICE?
THANKS FOR YOUR ADVOICE
In case of charge sheet u/s 420/467/468/471 whether C.M.M. has power to grant the bail from his own office or has to move to session court. The accused were on arrest stay by the High court and after submission of charge sheet, the CMM has issued B.W. against the accused for appearance.
Sirs,
in a theft case, the investigation officer was in SUDAN , along with UN PEACE KEEPING FORCE.So,the trial court waited for him for a very long time, to come and give evidence. but, as he was in a foreign country, he could not come and depose before the court.
then the prosecutor has filed a petition to substitute the investigation officer with a head constable of the same police station and unfortunately that petition was allowed by the court and he was examined in place of investigation officer,as he knows the signature of that particular sub-inspector.
the same sub-inspector himself has arrested the accused, effected 27 recovery, conducted the investigation, and also submitted charge-sheet.
such an officer has been substituted by a totally stranger police constable ?
is there any high court / supreme court rulings against such a practice ?
salilkumar.p
advocate
thalassery-670101
advocatesalil@gmail.com
+91-9447536929
Sirs,
in one of my cases, the allegation is that accused was found carrying a plasic bag, and when the police officer got suspicion, he got opened the bag and it was found to be containing " GUN POWDER " and he was arrested and a case u/s 4 of the explosive substances act was charged against him.
please explain me , whether the offence will lie ?
what are the essential ingredients of the offence ?
is it necessory that possession should be " unlawfully " and " maliciously " ?
then, what does these two words mean ?
can anybody provide me useful citations favourable to defence side ?
how can we guess whether the posiible explosion would have endangered life and property, ....when no such explosion has yet occured ?
thanks in advance,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : +91-9447536929
advocatesalil@gmail.com
Anonymous
08 July 2010 at 11:34
Sir,
What is the prescribed time limit to file a criminal case related with forgery at CJM court? Plz. Suggest
Thanks & regards.
Anonymous
08 July 2010 at 08:55
kya wife ko 363 ke liye prosecute kiya ja sakta hai agar wo father ki concent ke bina bachchhon ko apne father ke yaha le jaye....
Anonymous
08 July 2010 at 01:05
My car was not moving, infact engine was also off.I stopped the car for a moment to visit bank ATM.While I opened my car door, a rikshaw banged on the door. My car was stationary but rikshw hit me from back side. A lady on rikhaw fell down and got head injury. In few seconds people took her to hospital in a different car.I was left alone on road. I left the place in 15 mins. Went to nearest hospital (Ayushman hospital) in another half an hour. Hospital reported no one came for any accidental help. I came back to home.In a days time i recieved a call from police station that a FIR is lodged against my name and have to go to court for case...Please help me ASAP...they have signed me for IPC 279 and IPC 338...AM stressed..What to do????
Bail in u/s 420/467/468/471
A FIR lodged u/s 420/467/471/472 against Mr. A. He obtained Arrest Stay from High Court till charge sheet. Later on Police submitted charge sheet in the court. The Magistrate issued B.W. against Mr. A for appearance. Now please advice, whether on appearance before the court, he may request to recall the BW and request for the trial OR after that he also has to obtain bail in the case since the offences are non-bailable.