GAGANDEP
19 March 2010 at 10:14
hi everyone,
i was injured by my inlaws in mar 10 resulting bleeding from my head and deep cut in my left arm, got stiches
in civil hosp doctor mentioned in the MLR injuries simple & weapon used blunt, in discription of injuries he mentioned 2*10cm deep cut on left arm & wound on head & some scratches on chest. Police did not registered FIR & complaint registered in "rojnamcha" u/s IPC 323 saying that the injuries were termed simple by doctor, when we asked the doctor he said he has mentioned the cut discription, police is delibrately not doing FIR. So doctor as well as police are blaming each other inspite of the fact that it was serious.
1) Can i get the FIR registered through court, plz advise the section & process.
2) What is the time limit to appeal to court, incident happened on 01 march 10.
3) is it a compalint of police to judge?
can police be biased towards girlside as reacting to this action.
Raj Kumar Makkad
18 March 2010 at 22:12
What are your views over this matter?
Once again the Maharashtra police has demonstrated its talent for putting its collective foot in its mouth. Last Saturday's announcement by the Anti-Terrorism Squad that it had not only caught two suspected terrorists but that these two had links to Pakistan and were about to bomb ONGC oil tanks,the Thakkar mall in Borivli and other vital installations has angered the Centre. The Union ministry of home affairs has ordered an inquiry into the "leak" of information to the media and demanded action against the officer involved. The Centre is also annoyed that it was kept out of the loop by the Maharashtra government, while "sensitive" information was being released to the media. This incident highlights yet again the inefficiency and factionalism which rules the Maharashtra police and the inability of home minister RR Patil to fix its deep and serious problems. The ATS has through its short life been known more for its grand pronouncements rather than any major breakthroughs and here also has shown that it is incapable of balancing its inherent desire for publicity with the interests of the nation.
In some senses, the Pune blasts at German Bakery earlier this year, the confusion over the attackers, and the lack of intelligence inputs from the central agencies to support the contentions made by the Maharashtra police may have triggered this desire to register a "victory" in the public eye. Yet, if the Mumbai terror attacks made anything clear it is that no local police force is equipped to tackle a major terrorist attack without help from the Centre and from intelligence agencies. The ATS itself suffered greatly during the 2008 attacks when it lost its leader Hemant Karkare.Charge was then handed back to current chief KP Raghuvanshi, who, interestingly, held the post before it was given to Karkare.
Many officers within the force are both media and politician-savvy and they know how to sound right in both quarters. This is no mean skill but has been developed it seems at the expense of real policing. It also seems incredible that the Maharashtra police is unable to fathom that terrorism is a major threat that this country faces and cannot be used as a ploy by ambitious or desperate police officers to try and score points over one another. The overhaul of the Maharashtra police is already long overdue. The state home ministry must now see whether its answer to the Centre can also trigger a cleanup.
Gaurav Nanda
18 March 2010 at 20:12
This is a case of my uncle who is 58 and works in merchant navy and has to go on high seas for job.
A case started against my uncle in Tis Hazari Delhi magistrate court about 10 years back of 498A and 406 and he took bail........then in these 10 years nothing happend but just few months back the stage of being charge by the court came and the magistrate seeing it a family matter send the case to mediation cell. Now here his wife is making huge unreasonable demands.....and my uncle is in no mood to bow to those demands.
Now his wife is threating him that if you dont follow my demands then i will say in mediation court that i dont want any settlement and as a result the case will go back to magistrate court for charge and then trial. As a result the judge will ask him to face trial and will not allow him to go abroad for his job. His wife said that even she herself will oppose him going on high seas in court.
NOTE - The nature of his job is that he goes on contract on high seas for about 4 months and comes back to India on leave of about 3 months then again he goes on contract on high seas for 4 months and comes back to India on leave of 3 months and so on. All these 10 years he went on his job and attended court dates when he was on leave.
No my question to is there any procedure, any provisions of law through which he can continue to go on his job (abroad) and attend court dates when he is on leave.
I have read in newspaper that film stars like Sanjay Dutt continues to go abroad after taking permission from court for shooting of his movies as it is part of his job...Can my uncle also get permission and if yes then what is the procedure of such permission and from where it is obtained district courts or High court...please throw some light on it.
Anonymous
18 March 2010 at 19:37
Sir,
According to latest amendment in the Criminal procedure code Investigation Officer can move application for test of identification before Court.
The problem is whether in U.P. before amendment of 2005 according to the amendment of 1984 if Court thinks fit may order for test of identification u/S 54A.
I want to know whether after amendment of 2005 now in UP arrested person can move application before court for test of identification. if Investigating Officer fails to do so.
Anonymous
18 March 2010 at 19:31
IAM 3 RD YEAR STUDENT IN AMITY LAW SCHOOL. IAM SEARCHING FOR A INITERNSHIP IN CRIMINAL LAW FIELD AND AFTER A LONG SEARCH I HAVE NOT BEEN ABLE TO FIND ONE. SO PLEASE HELP ME OUT
Anonymous
18 March 2010 at 18:55
NI ACT
CONSUMER COOPERATIVE SOCIETIES
PRESIDENT AND SECRETARY ARE NOT LIABLE FOR CHEQUE DEBTS
PROVIDE ME PROVISIONS OF LAW
ALSO CITATIONS
Anonymous
18 March 2010 at 18:52
NBW Second time issued
In recall of accused , the accused appearence is not necessary
provide me solution
9959927148
GangoPadhyaya
Advocate
Visakhapatnam
Anonymous
18 March 2010 at 18:50
After filing a petition u/s482cr.p.c in high court can i file a revision petition in session court .?
after filing a petition under section 482cr.p.c in high court can i file a revision petition in session court .
1. is there is any bar i.e after seeking a remady u/s 482 i can not file a revision u/s 397.
3. is there is any law which i code in my support
Balakarthick
17 March 2010 at 21:14
In a 138 of Negotiable Act proceedings could the complainant file any List of Additional Witness(es), if YES under what provision whether under S.244(2) or S.311 of Cr.P.C. S.311 reads "summon any person as witness" if NO why? recently I came across an order of Hon'ble H.C of Kerala and the link for the same is http://indiankanoon.org/doc/18347/
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Second time Cheque returned with the remark 'A/c. Closed'
Business with a leading multinational necessitated giving blank cheques in advance for supplies, in 2003 the multinational company involved a multinational bank for its personal business advantage and all future transactions were routed through this multinational bank. The bank too insisted on 10 blank cheques of nationalised bank as security.
In 2005 business was closed and so was the bank account with the nationalised bank. The multinational company returned all the blank cheques in its custody but the bank failed to do so and said a particular amount was disputed. The discrepancies in account was brought to the notice of the multinational bank, negotiations failed and they deposited by filling the date and amount on one of the blank cheques in its custody in 2005. The cheque was returned with the remark 'Account Closed' and the bank intitated proceedings u/s 138.
The complainant bank failed to appear for cross examination and the cross was closed in 2009 and the bank has applied for revision in higher court.
Now the complainant bank has again deposited the second blank cheque in its custody for double the amount(most probably with interest)for recovery of the same amount for which trial is in progress and given a fresh notice u/s 138.
Is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant bank (if yes under which section) and or apply to court where the case is already in progress to restrain complainant from proceeding further (if us under which section).