vinod bansal
03 February 2010 at 22:59
R/Members
I m representing complainant in a case of pvt complaint u/ss 452/325 ipc etc at the stage of framing of charge court discharged the accused,now what is remeady available to me,whether before hghcourt or sessions court in appeal or revision kindly help me with relevent provisions of crpc.secondly let me know whether this discharge is amounts to acquittal. Thanks a lot in anticipation to all.Regards
Vinod Bansal Advocate
RTI Activist Jind Hr.
Member (Account Deleted)
03 February 2010 at 20:39
tahnks to all experts.... but sir with all due respect to evry one.... i also try to go deep in that problem.... i ve read section 145 of evidence act and also section 162 of code of criminal procedurethat read as follows
section 162 Cr.P.C.. Statements to police not to be signed: Use of statements in evidence.
(1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
SECTION 145.Evidence Act, Cross-examination as to previous statements in writing - A witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matter in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
so sir, after read both the sections in the secong para of section 162 cr.p.c the words used are "when any witness called for the prosecution" that is very important reason is very clear that if a witness called for the prosecution then if turned hostile then its open for the prosecution to contradict from his previous statements as mentioned in section 145 evidence act. but in my querry the witness is not called by theprosecution , so prosecutor only cross examine that witness but no right to contardict fr his previous statements rcorded under section 161 cr.p.c. coz he is defence witness. Thanx
sir is it right?? pls answer
M Ravinder Babu Advocate Parka
03 February 2010 at 19:57
Whether a promise to do certain act, if not done amounts to cheating
M Ravinder Babu Advocate Parka
03 February 2010 at 19:56
Whether prior intention is must in cheating
Manish Kumar Gupta
03 February 2010 at 16:08
Dear All.
I need to know, if we can file any civil recovery suit, against any culprit/accused get punished for theft 379/380 IPC.
Please suggest.
Regards,
Manish
Anonymous
03 February 2010 at 14:18
One of my close friend sister's is working in district courts as clerk at Haryana. Her husband got signed two blank cheques from her by saying that he need them to withdraw the money from her account. Now, there is dispute between the two i.e. husband and wife. Wife does not want to divorce the husband. So, in order to get the divorce, husband gave the cheques signed by her wife to his brother who is an advocate. Advocate filled the cheques for 10 lakh each & got it dishourned. Now, he has filed the case against wife either to pay the money or give the divorce to his brother.
What Advocate has alleged in his petition that wife has taken the loan in cash to give his brother the money so that her brother can purchase a property but actually he did not purchase any property during the last five years. Further, he alleged that how can a court person(wife) can issue a cheque without consideration. Advocate has shown source of Rs. 20 lakh as loan taken from his relatives. Relative is also deposing in court that he has given the loan to advocate for onward disbursal to wife's brother.
Plz. suggest how we can prove the innocence of wife or should we go for the settlement by way of mutually accepting the divorce?
Rahul Singh
03 February 2010 at 14:11
&In case when a Cheque is given by say A to B for rs.5000.00.Later on B dies.After death of B his parents C,D file a case of cheque bouncing stating to be the LR's of B also Holder in due course of the cheque as per the language in S.8,9,118(g)of Neg.Ins.Act.
Qs- Whether such compliant is tenable or not?Kindly give citation if any.
P.C.gupta
03 February 2010 at 10:43
Dear Experts ,i mean that if FIR is registered agianst unknown persons u/s 319 to 325 on basis assault,If police is not finding any eveidence for long period such 7-12 months.For this pending cases,
How the police will move the cases without evidence to court .If police wants to close the FIR,what are procedures for them.
sunil pagare
03 February 2010 at 10:38
R/sir,
In accident case public prosecutor examined four witneses who were present with victim at the time of accident.they deposed as per their statement in court.but at the time of identification of accused they have not identified the accused.they said in court the driver was nearabout 28yrs old.But the preson b4 court nearabout 55yrs.old.In this matter I O did mischief he made other person as an accused intstead of main culprit .My query is what is the remedy avilable to the APP to bring main culprit b4 the court & what action will have to take aginst the I O as per Cr.p.c
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Process of filing evidence of Sound Recording
Greeting!
I have to file evidence of Sound Recording on mobile phone in a private criminal case for defamation, & threating to client. I would like to know the procedure of filing this Evidence in a court.
It is great pleaser to me if any one answer this Question...
Thanks
Regards,
Adv. Avinash Naik