Anonymous
02 May 2010 at 22:52
Hi,
I am a government employee working in farmer loan department in chennai, tamilnadu.
I got arrested at feb 2002, for accepting bribe from a farmer for accepting bribe of Rs.1000, for
sanctioning his farm loan of Rs.2 lakhs. Case registered for accepting illegal gratification.
subsequently, a search was done in my house and another case is filed for Possession of wealth
disproportionate to known sources of income.
so two cases registered. second case is filed an FIR at 2004, and no action taken as of now.
For first case, it's tried in trial court, but 4 years of jail and Rs.4000 was fined.
Appealed at high court and waiting.
Now my problem is
1) the first case high court appeal is pending..NOw can i go to Writ petition to quash FIR under
following points.
a) the permission is obtained from state secratary, but my appointment is given by the
government, so not proper permission taken in the first place.
b) the bribe is given the next day, the loan was sanctioned.
C) the loan will be sanctioned by 5 member commitee, not by the accused alone.
c) the governemnt witness has given contradicting statements at the lower court.
But all these points are not taken by lower court and punishment is given.
2) For this case, should I wait for the appeal hearing from high court, but I guess that will
take 3 to 4 years..can i go for writ petition for quashing FIR..is it possible, after the
punishment given by lower court.
3) if the writ for FIR quashing is rejected..will it be a negative point at high court appeal
hearing...
4) for second case...unreasonable delay is done from vigilance department to file the FIR,
chargesheet etc... can i go for writ petetion to quesh this FIR?
5) also for second case,
a) the assets in my wife's name is also included as my assets, stating that i'm benami.
b) a unregistered sale deed is taken into account.
c) the PF withdrawn, stating medical expense. but actually used for savings. This amount
should not be contributed to the expense. rather it's invested in assets.
is all the above points enough to quash the FIR...
So to summarize. i have two cases against me (first case - accepting illegal gratification,
second case - Possession of wealth disproportionate to known sources of income).
first case - lower court trial - punished for 4 yrs. appeal pending in high court.
second case - FIR lodged at 2004. no action taken as of now.
can i go for writ - FIR quashing for both the cases. what r my chances to win?
Am i missing any point here...please ask me..if u need any more info..
Thanks in advance.
Anonymous
02 May 2010 at 19:15
based on a false affidavit where facts were suppressed and misrepresentation an direction order has been passed exparte where notice was not served to the 3 and 4 respondents. But the order was passed on hearing only the 1st and 2nd respondent... but the order is the reopen investigation on the 3rd and 4th respondent. kindly let me know
1. Can an order be passed without hearing the respondents or issuing notice?
2. what is the remedy for the 3rd and the
4 th respondents.?
3. Is the order valid as it has been obtained fraudlently without the ascertaining the actual facts ?
4. Is there any citations on this ?
Anonymous
02 May 2010 at 14:14
Dear sir/madam
my issue of concern is about 317crpc. my husband resides in dubai and was arrested last year at indian airport as LOC/RCN was pending. on execution of self bond of 1.5 lacs he has been granted bail under a condition that if he fails to deposit his passport within given period of time in court, the amount will be paid to victim wife and daughter,but as his lawyer filed a petition under section 317 crpc he got the extension of one more year on the same deposit. where i disagree to the fact that this amount should have been paid to wife and then an additional amount should have been deposited by A1 if his reason is genuine for extension.
now i want to get the amount on requesting hon'ble court or higher court,it is possible to approach and under which section of crpc.
pls reply me as i am not getting any maintenance. leaving under pathetic condition nurturing my 4 year old child.
Anonymous
02 May 2010 at 13:38
recent supreme court judgements on bail for the offences punishable under sections 302 and 498A of IPC
Anonymous
02 May 2010 at 12:49
I live in joint family and in remote area with my father and brother. Few days ago my sister-in-law left home without informing us and started living with their parents.The parents of the girl had threatened that they will going to file the false FIR against all the family members. Now we are fearing that we will may get arrested if they file the FIR against us under section 498-A of IPC or other relevant provisions
Please inform the remedy in such cases in order to avoid arrest
Please inform whether the Anticipatory bail can be filed if the FIR is not registered?
or shall we immediately proceed for Anticipatory Bail even without the FIR as the offence is non-cognizable and the police will immediately arrest me and my family members on filing the FIR?
Please provide the very brief model of the bail petition that can be formatted?
Thanking you
Anonymous
02 May 2010 at 02:44
a judgement is obtained by the party by suppresing the facts, misrepresentation and fraud in the HC. Is the Judgment Valid? if not valid under which section of Crpc or Ipc it is not vallid? any earlier judgments?
Anonymous
02 May 2010 at 02:34
Fir had been registererd under 406..and copy sent to magistrate... charge sheet yet to be made... at this juncture can the police come and search my house? if so will I be given an oppurtunity to defend my case before the search.? is a search warrant required?
Anonymous
02 May 2010 at 00:24
The accused is my close relative.
The accused is charged 409 and 420. The accused's anticapitory bail was rejected in sessions court and so the applicant moved to high court. The high court was inclined to reject the bail and so the accused was suggested by his lawyer to withdraw the Anticipatory bail application from the high court. The High Court accepted the withdrawal and ordered the accused to surrender before the appropriate court in period of 8 days.
The FIR was made in November 2009. The matter is due to dirty internal politics in one of the organisation due to which the accused is made a victim of harrasment.
Please suggest a way out. Is arrest inevitable? Will he get PC or JC or both? If yes what couuld be the period of PC & JC?
Can PC & JC be avoided or can the bail be taken on the same day?
Which Court will the accused have to surrender? Magistrate or Sessions ? for 409 & 420.
Any similar judgements for referance will be appreciated.
Please advice/help its urgent sir.
ANSHUL
01 May 2010 at 21:34
I had to make a payment of Rs. 1560/- to my bankers for which I had issued a cheque. But the cheque bounced for insufficient funds. I have received a summon under section 138. What to do now? Can I pay the dues to the bank now before the next date of hearing in the court; as I do not wish to appear in the court.
Can the case be withdrawn now? I want to settle the matter out of the court,
Please guide me in the matter.
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Case U/s.138 of NI Act 1881.
Please guide me on below stated queries.
We are special products manufacturing co.,- Despite repeated follow up our client is not releasing pymnt against supplied materials. We are having parties blank cheque duly signed by him & issued by him when business started with us.
Q 1)Can we deposit that blank cheque in the bank duly filled full outstanding amount ?
2) Against dishonored of the same can we file the case u/s.138?
3) Is there any judgement of high/supreme court regarding utilization of security cheque and filling cases?
4)Please guide me on INK READING.
RGDS.