Dr G V Rao
17 February 2010 at 08:41
I have been collecting information under RTI from an Central Govt Organisation from the year 2006. The last information which I received was in August 2009. The offenses are continuing still since 1999. After collating all the information I have made out a good case of misappropriation of Rs 70 Crores by 17 officers of the department. I filed a private complaint in the local CBI Court. The Hon'ble Court returned my complaint stating that I have delayed in filing the compliant. My submission that the offences are continuing and that I had to collect nearly 60 correspondences to prove the guilt of the accused and that I received the last information implicating the accused in August 2009, has not convinced the Court and it has set it aside. Further I received CAG reports pertaining to the organization from the years 2000 to 2008 and it was voluminous to study and corroborate it with my complaint. Please advice whether their is any time limitation to file a criminal complaint u/s 405, 409, 418, 420, 465, 466, 468, 471 r/w 120 B, 477 A, of I.P.C.
I feel that I am right and that their is no such thing as delay in filing the complaint since all the officers are still in service. Please help me with citations so that I can appeal in Higher Court.
Swami Sadashiva Brahmendra Sar
17 February 2010 at 01:09
Is a magistrate required to go through case diary ignoring the remand application of IO ? does rejection of remand application amounts to interference in investigation ?
SAJAN ANTONY N.
16 February 2010 at 22:12
A elopes with his girl friend. A used B's sim card to call the girl. now B is under the police custody. what are the remedies available to B. UNDER WHICH ACT THE OFFENCE COME. here B is the injured. so pls think for B
Anonymous
16 February 2010 at 21:49
Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?
Anonymous
16 February 2010 at 21:46
Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?
Anonymous
16 February 2010 at 20:10
A lady filed a petition u/s. 125 Cr.P.C. against her husband within the jurisdiction of Delhi and an order was passed. Thereafter the lady was shifted to Kolkata. Whether she can file petition u/s. 127 Cr.P.C. for enhancement within the jurisdiction of Kolkata ?
ravi anu ramraika
16 February 2010 at 19:52
appelant give me notice first through publication in news paper, may i go high cort in 482, kya parivadi ke dvara paper main pahle notice publish karakar, bad main by post se bhi bheja hai, maine parivadi ke upar 500 manhani ka mukadma kiya hai, kya 482 main mujhe high court rahat degi
Swami Sadashiva Brahmendra Sar
16 February 2010 at 18:39
Can a court refer the case relating to non compoundable offence to mediation center?
jureddi peddinaidu
16 February 2010 at 17:48
what is time for issue of notice after cheque is dishonoured under section 138 of ni act
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Complainant playing traunt
The Ld. Metropolitan Magistrate has closed cross examination of the complainant due to his absence over a long period, the Ld. M.M. has also refused to review the order on an application by the complainant, the complainant has now filed an petition for revision in the higher court.
The revision application was time barred on 11th December (3 months) yet the same has been filed in the higher court on 21st December and have made allegations against the lower court that the application has been filed late because there has been delay of 29 days from the office of Ld.M.M. to issue a copy of the order I have verified the court records but there is no such application filed by the complainant for copy of the order so how the complainant/petitioner can claim there has been a delay. The complainant/ petitioner has filed a copy of the petition now in the lower court and the lower court has also taken no objections against this false allegation.
Further the complainant has tried to play truant by not giving a copy of the petition to the accused/respondent and informing the lower court too after two hearings had already happened. When verified in the higher court it was found that the petition is pending for order on next hearing due to the absence of the respondent. The complainant/petitioner has done this purposely for a favourable order from the high court in the absence of the respondent.
Please advise how to handle this tricky situation.