Anonymous
28 March 2010 at 23:48
Ld counsels,
I am facing a criminal trail instituted out of malice. In the case it is a fact that a first complaint was given to police and no FIR was registered. After another 2 months a new complaint was given and a FIR was registered on the second complaint and I am the accused in the said FIR.
Later I have obtained the copies of the first complaint and its conseqenst investigation records through RTI applicaiton. To my surprise the first complaint was altered with improvements in order to support the allegations in the second complaint(I have read the first complaint during the investigation of first complaint)
In the reply to my first appeal under RTI act the the concerned assitant commissioner of police had mentioned that the copy of the first complaint is indeed the one that was given at a later point in time than the first complaint, which means there is in total three complaints accepted by police. But later the Asst. Commissoiner had mentioend before the information commission that "he has made that statement by mistake and there is no such third complaint". The infomraiton commission did not accept that and ordered for furhter departmental enquiry.
Moreover the allegations in the (forged) first complaint were NOT brought before the high court during the hearing of my anticipatory bail petition. This partially proves that such allegations were not there in the true copy of first complaint.
Given these details is it possibel to file a petition u/s 340 of CrPC against the police officers and the complainant for fabricating the records. I am sure the first complaint is the valid piece of formaiton in a criminal trail.
Will the criminal court accept these allegation and the evidences to start perjury proceeding against the police and complainant. how will the court view the asst. commissioners contradicting statements.
Please clarify. Thanks
vijeta
28 March 2010 at 22:50
A person collapses and dies due to single blow inflicted upon him by some another person. the other person is ignorant of the fact that deceased is under some infirmity and thus his death gets accelerated due to his infirmity.now the accused would be punished for causing grevious hurt or be convicted of culpable homicide not amounting to murder.........
thanks
Anonymous
28 March 2010 at 02:08
Q. 1. can a wife file an application for realisation of arrear maintenance from husband for more than one year ?
Q.2. IS THERE ANY limitation to file an application u/s.125(3) cr.p.c.in case of minor? please provide case law urgently.
regards
sibasish pattanayak,
advocate.
09874854594.
e-mail id: sibasish_adv@yahoo.co.in
Neha Tiwari
28 March 2010 at 01:31
i frnd of mine got indulged in a case of rash n negligent drive...a person got injured coz of he...he ows the car but was not driving that time...as police was harissing him n his family he confessed in a surrender letter that he drove the car and took bail on the basis of it...my question is can he deny his confession during the procedings infront of magistrate ???and tell the truth???
Arvind Singh Chauhan
27 March 2010 at 22:15
Respected members,
One of my case is at final argument stage. There is a strange situation in case that FIR was lodged on the direction of court under 156(3) Cr.P.C..
In this chick FIR whole two pages order of 156(3) has been copied word by word as some of these lines are " Aggreived approached on........ to SHO but SHO only submitted challan under 107,116 Cr.P.C. against accused. I inspected the medical report and their documents and satisfied, thus SHO concerned police station is directed to lodge FIR and start investigation -Signature Sd (Name of Magistrate)."
Sir SHO is the same who already submitted challan under 107 116 and who lodged written this FIR, There is no signature of reporter on FIR only SHO has signed.
Sir can accused may be benefited with this FIR. Don't you all think that magistrate should also be a witness in this case as his name is mentioned in FIR and he should not hear this case. Who will be deemed "reporter" ? If I am right please help me, How should I argue in this case.
Anonymous
27 March 2010 at 18:00
HI I hav eone query regards Drunk and drive could you help me out please.
Offences:
1) Drink and drive
2) Zig zag Driving
3)Wthout DL
And others
What is the procedure to releave the Client please help me i am waiting for your Valuable answers.
Thanks in advnce
Anonymous
27 March 2010 at 16:42
Hi,
This is my first query on this forum, hope to get a reasonable advise from all the experts. My x-employer issued me 3 cheques in lieu of 3 months arrear salary. These were issued to me when they asked me to leave the organisation. They also provided me with a job satisfaction certificate and a document stating that the cheques are being paid in lieu of the arrear salary signed by the manager. The cheques were signed by the director himself. Now 2 out of 3 were encashed but the 3rd one dated 10th OCT 2010 didn't. I deposited that same cheque only twice but both the time it was same, now I am thinking of some legal procedure, what are my options.
Please help.
Anonymous
27 March 2010 at 16:40
Sir,
kindly inform whether a pending civil suit can be an evidence in a criminal case filed u/s 494 ipc and aslo inform whether a criminal case u/s 494 filed before the police is acceptable?
Anonymous
27 March 2010 at 14:18
What are the things of the consideration for the High Court before transfering any criminal application from one court to another court under s.407. Any citation of Supreme Court/ High Courts???.
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