shirish shekhar
14 March 2010 at 14:16
Two days before one particular PS representative or IO had arrested my brother in law at Patna (under Sec 307 attempt to murder)and just after the arrest they took his car,seized&switched off his mobiles and without informing any of family members took him to the concerned PS which was 360 KM from Place of Arrest i.e.Patna in his own car and he was not produced before any magistrate and sent to Jail.Before getting into Jail he was allowed to speak to family members.
My question is is this the way our Police do their work or was it done at the behest of complainant who is a local MLA to please him.Does our law allow us and if so where to appeal against the police procedure in this case or can we lodge a case against the IO in light of SC judgment.This is the murder of democracy and right to life, liberty,expression.The person who has lodged the case of attempt to murder against my Bro in law is local MLA and musleman and is only harrasing us to settel one dispute b/w them of Money.What should we do?
Anonymous
14 March 2010 at 13:46
CASE FILED.ACCUSED NEVER APPEARED.NBWs ISSUED AT OLD ADDRESS.COMPLAINANT EXPIRED AND CASE DISMISSED IN DEFAULT.LATER SON AND WIFE (DAUGHTER STAYING ELSEWHERE)FILE APPLICATION FOR RESTORATION.CASE RSTORED AND AGAIN NBWs ISSUED AT OLD ADDRESS OF ACCUSED,SINCE UNSERVED,PROCLAMATION PROCEEDING GOING ON.SINCE SUCCESSION CERTIFICATE NOT FILED/SUBMITTED,CAN REVISION PETITION BE FILED FOR SETTING ASIDE THE RESTORATION AND CONNECTED PROCEEDINGS.
Adv. Mohan Chandra
14 March 2010 at 09:46
Recently I received a copy of the Revision Application as a respondent. I was surprised to read these allegation against the Magistrate which reads as follows "It is submitted that the above is WITHOUT APPLICATION OF MIND of the Hon. Metropolitan Magistrate" and further "the order has been passed with ulterior motive to support respondent" both I personally feel are highly objectionable and against the respected Judiciary.
In my reply/argument can I take objections to the above.
Regards
charudureja
13 March 2010 at 21:34
Hello
what are the sections which have been amended by the new amendment of crpc.
Member (Account Deleted)
13 March 2010 at 21:30
Respected experts....... One of my client was tortured and beaten in police custody in false theft case. Police prepared false sec 27 Evidence Act information and recovred concerned Motor Cycle. I want to file a complaint under sec 190 CrPC for the offences 330, 342,323 IPC. But my client very scared now. Now he is on bail from sessions court. They are very poor and their financial condition also not good. The charge sheet has not been file yet.They are afraiding that if they file the complaint then in future the police might be do anything wrong against him and his family and they are asking me that " vakil ji, kya police walo ke khilaf pariwaad pesh karna uchit hoga? kahi police muze aur mere pariwar ko bhavishya me kisi zuthey case main to nahi fasa degi" pls advise me.
shirish shekhar
13 March 2010 at 16:04
In one case my relative is facing one case of attempt to murder and for the last couple of months he is evading arrest.Now yesterday he was arrested and was put to jail without putting him before a magistrate.please tell me what we cd do as the case is only a conspiracy hatched for monetary benefits.In which court we can appeal for Bail and what is the minimum period(chargesheet) we can appeal in court.
shekhar
ankit gupta
13 March 2010 at 13:49
whether the confession as recorded under the provisions of TADA Act, be the basis of conviction/acquittal for the non TADA offences.
2)are the above acts constitutionally valid in context of the above stated question.
ankit gupta
13 March 2010 at 13:47
1)whether the confession as recorded under the provisions of TADA Act, be the basis of conviction/acquittal for the non TADA offences.
2)what is the constitutional valadity of the above acts.
Anonymous
13 March 2010 at 12:22
One of my clients employee escaped from his office with intellectual property i.e designs and drawings. Later on he started threatening my client with dire consequences that i will sold all the designs to your enemy until and unless you give me 10 lac rupees.
A complaint was made to the police but F.I.R was registered after 15 days of the complaint. In the F.I.R only two sections were mentioned i.e 408 and 384 where as sections relating to theft, misappropriation, criminal intimidation etc were left out.
Later on an application with additional facts was filed in the court where as name of two other people were mentioned but F.I.R was not registered against them.
Police has filed F.R in the report but not taken the statements of any independent witnesses and most surprisingly the final report has been filed only on the basis of the statements of the accused person.
What is the best remedy please reply?
120-B has not been added to the report.
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COMPOUNDING OF OFFENCES
DISPUTE BETWEEN TWO PARTIES.FIRs REGISTERED.CHALLANS FILED. LATER ALL MATTERS COMPROMISED.HC MOVED JOINTLY FOR QUASHING.HC DECIDES IN FAVOUR.ORDERS PASSED THAT BOTH PARTIES AT LIBERTY TO APPROACH TRIAL COURT FOR COMPOUNDING AND TC DIRECTED TO ACCORDINGLY COMPOUND THE OFFENCES.ONE PARTY UNABLE TO APPEAR IN PERSON.SINCE OTHER PARTY EAGER TO GET HIS MATTERS COMPOUNDED FIRST,CAN FIRST PARTY AS COMPLAINANT APPEAR THROUGH ADVOCATE FOR COMPOUNDING OF MATTERS OF OTHER PARTY.UNDER WHICH SECTION OF LAW?CAN BAILABLE WARRANTS OF COMPLAINANT BE ISSUED IF HE FAILS TO APPEAR ON SUCCESSIVE DATES AS OTHER PARTY HAS ALREADY MOVED TC FOR COMPOUNDING AS PER HC ORDERS