Sumir
06 July 2010 at 12:48
I had made complaint to Anti Corruption Bearua(ACB), after which it asked the concerned department for an inquiry. In reply, the department head, in an attempt to hide the crime, provided false information to the ACB, false evidences, proof, medical reports etc. Now the question is, various section of IPC can be levied, but what is the course or procedure of action?
A. I have to complain about the false information etc to ACB and ACB will register the crime under IPC, itself?
B. I have to complain about the false information etc to ACB and ACB will forward it to Police Commissioner or nearest police station for registration of crime, but its there duty to see that crime is registered?
C. I have to complain about the false information etc to ACB and ACB will forward it to Police Commissioner or nearest police station for registration of crime, but its mine duty to see that crime is registered?
D. I have to complain about the false information etc to nearest police station where ACB's office is situated?
Chetan
06 July 2010 at 08:01
My client received a summons of 138 through Registered Post and fixed on 13/07/10
Whether the procedure to issue summons first time through Registered Post is proper
Pls provide guidance with case laws…
Anonymous
06 July 2010 at 00:19
Ld counsel,
I am facing criminal trail where charges are already framed u/s 417 and 420 on the allegations that after one week of marrying my wife I made a statement that I married her under pressure from parents and I was in love with another woman before marriage. If this statement was mde prior to marriage my wife would not have married her.
The charge is revolving around the suppression of facts about the my true consent for marriage. To me it appears that the charges are not having the ingredients of sectiosns 420 and 417 since there is no dishonest intenstion to induce her to marry and there is no damage or harm to her body mind or reputation and no wronful loss or gain of property.
The prosecution story stands on the assumption that there is no possbile re-union between my wife and myself. Is this assumption a just assumption and forms a part of question of fact during the trail.
The fact is the case was institued wit han intention to harass to submit to the demands for money and for annulment of marriage. I have materials to prove that criminal complaint was tampered by police and there is malafide involved.
Can I approach highcourt for quashing the proceedings even after charges are framed and witnesses are being examined.
Kindly give your expert opinion so that I take the right course of action.
Thanks
Anonymous
05 July 2010 at 20:04
RESPECTED ALL,
I WAS NOT IN RECEIPT OF ACKNOWLEDGEMENT OF REGISTERED LETTER SO I APPLIED IN THE POSTOFFICE FOR GIVING ME PROOF OF DELIVERY OF REGISTERED AD LETTER.
IN MY APPLICATION, I APPLIED FROM MY SIDE & NOT FROM ADVOCATE SIDE ( WHO SENT THE NOTICE TO PARTY ) SO POST OFFICE ALSO GAVE ME PROOF OF DELIVERY OF NOTICE IN WRITING & PUT MY NAME ON THE PROOF OF DELIVERY OF LETTER & NOT OF ADVOCATE.
IS IT NECCESSARY THE NAME OF ADVOCATE ON PROOF OF DELIVERY ?
WILL IT EFFECT ON THE CASE IN THE COURT ?
Anonymous
05 July 2010 at 19:20
Que:1.Similar to Anticipatory bail, Is their any provision in the law to file a Cr Misc Anticipatory Quashing Petition in the High Court for all those who suspect a False Case u/s 498A will be filed instead of Anticipatory Bail?
Chetan
05 July 2010 at 18:58
My client received a summons of 138 through Registered Post and fixed on 13/07/10
Whether the procedure to issue summons first time through Registered Post is proper
Pls provide guidance with case laws…
Regards…..
Anonymous
05 July 2010 at 13:35
A Sikkimese girl working as a house maid in Singapore was found dead on the basement of the apartment where she worked. The family in Sikkim has alleged it to be a murder and have requested the state government to investigate the case and provide justice to the deceased. As the Police do not have jurisdiction to investigate a case outside the Indian shorers, what needs to be done find out the truth.
Thanks You very much
Anonymous
05 July 2010 at 11:28
With reference to the above, I and my estranged wife are living seperately for more than 3 years, earlier she had filed 498A & 406 which is now pending in SC. But suddenly now she filed a 420 case saying that her chq during 2007 has been encashed fraudlently and the police without any enquiry arrested me on the same day the notice was served to me and now I am on bail.
1. Can the police arrrest without any enquiry?
2. What is the safety for a common man from police against false case? r there no checks to prevent false arrest?
3. what should be my course of action now?
4. What r my rights to the documents to be obtained from the court and police?
5. What are the documents to be obtained.?
Anonymous
05 July 2010 at 10:45
a) Will Retire personal can give surety?
b) If yes what documents they need to produce for getting AB.
for info: The Court did not mention any thing specifically about surety details.
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Proceedings after charge sheet
At what different stages accused can be discharged by the court after charge sheet and before commencement of trial.