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Arvind Singh Chauhan   25 June 2010 at 22:24

GENERAL PROBLEM

Generally it is seen. when the police seeks remand, magistrate grants without looking the legality and without carefully checking the case diary.

One of my client was caught was with "Jangali Lahsun" (Alium Atrachiyi). He is the resident of high altitude of himaliya and collection and cultivating herbs is their main source of bread. Police sought remand that it was removed from reserve forest. Remand was granted under Section 26 Indian Forest act. At the time of hearing my argument was, police is unable to show that collection of this herb is prohibited illegal under particular law. They only says that it was removed from reserve forest. even police does not know the botanical name of this herb or it's use and unable to say that this area comes under reserve forest. my bail application was rejected.

My question is that if without any prima facie proof of offence court grants judicial remand. What is the remedy against such baseless remand order and illegal detention specially against officer granting such remand believing on the story of police.

Ajai Kumar Roy   25 June 2010 at 17:38

Car accident

One minor car accident involve case complainant simple injury and recovery car taken handed over self custody by order of court and Driver on bail but driver want to not appear in police station Due to police harrassment. Enquiry Officer not made charge sheet after expiry of 30 days from accident date I.O. taken extension of time and want parede Identification of Accused in police station. Where as complainant false FIR written contents as under The car was driven by lady but after complainant fell down the man sitting next her took the driver and drove the car away. This is wrong statement of compalinant.The car not driven by lady. Police harrases the driver he know who's lady member drove the car. Car not recover on spot after summoning the SHO/I.O Car surrender in Police Station.
Driver want to appear only before court.if possable please guide me what step should be taken by driver.

Anonymous   25 June 2010 at 17:37

Parede Identification In police Station

One minor car accident involve case complainant simple injury and recovery car taken handed over self custody by order of court and Driver on bail but driver want to not appear in police station Due to police harrassment. Enquiry Officer not made charge sheet after expiry of 30 days from accident date I.O. taken extension of time and want parede Identification of Accused in police station. Where as complainant false FIR written contents as under The car was driven by lady but after complainant fell down the man sitting next her took the driver and drove the car away. This is wrong statement of compalinant.The car not driven by lady. Police harrases the driver he know who's lady member drove the car. Car not recover on spot after summoning the SHO/I.O Car surrender in Police Station.
Driver want to appear only before court.if possable please guide me what step should be taken by driver.

Adv. Vipin Kumar   25 June 2010 at 17:31

homosexuality

in which case delhi highcourt decide this is not against sec 377 of IPC ?
in which case sc decide lie detector and other tests are not have any evedential value ?

Pranay Aggarwal   25 June 2010 at 16:54

Langue of Charge Sheet

Dear Frineds,

I have received charge sheet in Marathi Language in Mumbai.

I do not understand Marathi.

How can i get this charge sheet in English language.

Any SC citations there to help me

Anonymous   25 June 2010 at 14:50

Criminal WRIT Petition against Cr.P.C 125 Order

Can a Criminal WRIT Petition be filed for Quashing of Order u/s Cr.P.C 125?

Please think before answering?

Anonymous   25 June 2010 at 07:14

Liability of a witness

Sir,
A forge and fabricated report of demarcation has been prepared in which the land of other is shown under/within the boundary of mine without any demarcation on the spot. The report contains the signature of witnesses including my neighbours. Now in order prove it forge and fabricated can we call the witnesses and surveyor for cross examination? What else should I do? Plz. suggest.
Thanks to all.

sunil Anand   24 June 2010 at 19:24

138 nia

Dear sir,
last year myself and my friend were in the same business of trading of bambbos in maharashtra. we took forest lease of bamboos from govt of maharashtra in our individual names. the lease is for one year which was ended in july 2009. we open our depot in same village. the village was about 200 km from chandrapur.as our business was in naxalite area and the nearest bank was about 200 km from our depot.as I was very far from my bank and my customers keep on depositing cheques in my state bank of india account
As you are also aware that state bank of india does not give more then 25000 cash to third person on self cheque.I gave three cheques without filling the amount to my friend to find out the balance and withdraw the money from my account. the last cheque i gave in may 2009. out of these cheques he had fradulently kept one of the signed cheque with him. Now he put an amount of Rs 55.00 lacs and put the date 11-04-2010 in his own writing and got the cheque bounced on 26-05-2010. Now he is blackmailing me. Please advice how i should proceed with this case.

Anonymous   24 June 2010 at 18:55

Cheque stopped from payment

I had stopped a payment. Subsequently I was summoned by the magistrate. I appeared before the magistrate to whom I said that I am not guilty.

He gave another date of hearing on which I appeared but the magistrate was absent. I was given another date by the staff.

I shall not be able to appear on the date as I have got a new job and hence will be moving to another city.

Kindly advise as to what should I do.

Anonymous   24 June 2010 at 16:24

Bouncing of cheque

Dear Sir
My cheque got bounced and I sent notice to party. Time of 15 days have been over & I said to my lawyer to file the case. He told me that there are holidays going in the court in JUNE 10 so we will file the case in JULY-10

Is the court also get closed in account of HOLIDAYS etc. or lawyer is just making some pretence ?