Anonymous
18 June 2010 at 19:04
when a case under section 506 IPC is pending in one court, can a case be filed under section 506 IPC for SOME OTHER CAUSE OF ACTION UNDER SECTION 506 IPC in the second court. The second cause of action is with in the jurisdiction of the second court.
Partha Roy
18 June 2010 at 08:51
I had filed a case against a promoter and a bank manager U/s.156(3) Cr.P.C for offences punishable U/s: 420/427 IPC.
After 2 years of conducting investigations the Police has issued a FRT on the grounds that I had filed a case on the same matter before the State Consumer Disputes Redressal Commission and therefore my complaint was civil in nature. However, in our petition of complaint itself it was mentioned that we had filed a case in the Consumer Court and only after duly noting this fact, the Ld. CJM directed the Police to investigate the case U/s: 156(3) Cr.P.C.
We had filed a 'NARAZI' petition against the FRT filed by the Police and the Ld. CJM appeared to be somewhat irritated by the Police Report because it appeared to insult the knowledge & power of the Judiciary.
He then appeared to suggest that the case should be converted to a 'Summons' Case to be tried U/s.200 Cr.P.C and on our agreeing to his oblique suggestion an Order was passed directing that the case should be tried u/s:200 Cr.P.C.
Could I please have the views of our Experts on whether the action taken by us was correct or if there was any other better option?
Anonymous
18 June 2010 at 08:35
Sir, a case is pending in a court under section 506 IPC. can a case be filed for SOME OTHER CAUSE OF ACTION in another court, where it is having jurisdiction, on the same accused, by the same complainant, under the section 506 IPC.
Anonymous
18 June 2010 at 01:01
Sir, I had taken a personal loan of of Rs.50000.00, I had issued 27 cheques for equal monthly instalments and the loan was suppose to get over by December 2008. They deposited my cheques on the 15th of every month till February 2008, in march they said due to non micr cheques they can not deposit the cheque , as the due date was near I paid installment by cash and insisted they have to return remaining non MICR cheques so that I can swap with new MICR cheques, thereafter they closed local offices.and they never returned the cheques for swapping. Pls note there was no cheque bouncing.
In October 2009 somebody called me up saying he is GE countrywide’s legal advisor and started threatning when I told I will register a case with local police he told me to pay Rs. 10000.00 as onetime settlement , for which I was ready and asked him to give formal letter so that I can make payment after that he stopped calling me
Now today some body from himachal Pradesh police called me up saying there is arrest warrant pending against me and he is going to send the file to local police station, he called up my residence and took my mobile no from my wife who is very much scared now.
He gave me one advocates no in himachal Pradesh, when I spoke to him he said court has sent me two notices and you have not answered ( I have not received any notice from court or any official information from GE). He told me to pay principal amount pending by today afternoon 12.30pm at GE’s agents office.
I need your guidance on this, my question is how can they file case in himachal Pradesh when my cheques were deposited in Chennai for clearance, registered office is in delhi.
Pls help me
swetha
17 June 2010 at 23:09
I had filed crpc.125 against my husband. He did not attend hearing for few months. Exparte order passed and warrant also issued. It seemed that he had absconded.
I filed habius carpus petition. Court ordered to find my husband, but it is almost 6 months have gone. Police did not bring him to court.
Could you please suggest me what I should do to bring him in front of court/judge. Please help me. Thanks in advance.
Anonymous
17 June 2010 at 22:15
Sir,
I required standard format of Superdarinama. If you have not sending format please suggest book or article on superdarinama.
Thanks
A.K.Roy
Anonymous
17 June 2010 at 18:52
sir, a case is pending under section 506 in a court, can the same complainant file another case under section 506 on the same accused for the incident happened in the jurisdiction of some other court.
Anonymous
17 June 2010 at 18:45
Sir, when a case is is pending in a court under section 506 IPC, can a case be filed on the same accused by the same complainant in some other court for SOME OTHER CAUSE OF ACTION under section 506 IPC ,which is within the jusrisdiction of the second court.
Anonymous
17 June 2010 at 16:45
Dear experts,
What is the difference between inquiry and trial?
Thanks in advance.
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PLEASE TELL THE SECTIONS.NEED URGENT HELP
First of all thanks Makkad sir and other experts for their suggestions and guidance on this case.Please guide on the sections:THE GIST OF THE CASE ARE AS FOLLOWS:
1. Falsely Implicate a Scheduled caste in a criminal case which might result in his imprisonment.
2 .Publicly humiliate and threaten a Scheduled caste in his neighborhood.
3. Going to a Scheduled caste’s house, threaten his wife and try to outrage her modesty.
4. Asking for more money and threatening the scheduled caste person that if he fails to give him then he will implicate him and his family in further cases (Kind of extortion).
5. In the FIR that s.d .Singh has lodged reads something else and in the case diary s.d. Singh has given some different statement.
THE FULL CASE IS AS UNDER:
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.