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sunil pagare   14 January 2010 at 20:40

Chargesheet & Process Issue

R/sir & Madam,After filiing Chargesheet court take the cognizance & issue the process against the accused. It is a Procedure of law.My query is that after filing chargesheet at the time of issuing process it is reavel from the documents that, offence in other section is committed by accused. whether court have power to issue process under that section insted of I O arrested & chargesheeted the accused in another sec?

vijeta   14 January 2010 at 20:39

custody

what is the difference between police custody and judicial custody

pashi   14 January 2010 at 17:16

cheque bounce

Thank u very much for all your valuable information on unlicensed money lenders.

Sumir   14 January 2010 at 14:26

False information, false evidences

Public servant "A" gives public servant "B" false information and false evidences, police complaint will be lodged to police station having jurisdiction over the area of public servant "A" or public servant "B"; the accused is only "A".

Anonymous   14 January 2010 at 13:11

Urgent Help Please!

01. Amount in the Account was frozen on Day ONE and operations on the account with the entire balance was stopped.
02. Employee was suspended from Service on Day SIX.
03. Complaint with reason "Misuse of Computer System" was signed on Day EIGHTEEN.
04. Complaint was taken to SHO and registered as FIR u/s 409 on Day TWENTY THREE and none has signed on the FIR in the capacity of Complainant. In fact the Complaint was not handed over to the police by the authorised representative and hence not signed.
05. FIR was presented in Court of Law and Warrants Issued on Day TWENTY FIVE.
06. Amount was debited to the Account so frozen on Day EIGHTY SIX and all thethrough the entire account was blocked from operating even the amount above the disputed amount.

Accused is an Employee of the Bank and Complainant is Bank.

The transaction pertains to about 8 months prior and transaction was not properly checked on daliy basis

and the amount was credited to the account of the accused. Only with-drawals after the disputed dates were submitted to the police as if they belong to the disputed date, which is not correct.

No incriminating evidence as to the complaint in Sl.No.3 were provided to the Police even after FIVE MONTHS after registering FIR.

Police Authorities were successful to make the Bail Petition in District Court dismissed, but was granted by the Hon'ble High Court.

Even by then, Complainant Bank has not furnished any evidence in support of their exact complaint. Also kept the Police in dark by hiding some crucial information favourable to the accused, though the accused has been marked a copy of the correspondence to the accused. Can accused present it to Police, though the Complainant Bank has hidden this fact from the Police?

Complainant Bank, though not provided any evidence in support of their exact complaint, persuading the Police to file Charge Sheet.

Accused is not paid Subsistence Allowance timely and correctly, and delay is nearly one month from the date

of submission of required certificate. The Bank has separate set of instructions reading as, "PAYMENT OF SUBSISTENCE ALLOWANCE IS MANDATORY. NON-ADHERENCE TO THESE RULES WILL INVALIDATE THE ENTIRE DISCIPLINARY PROCEEDINGS (Domestic Enquiry, in other words)".

Whether the sequence of incidents are in order to make a case?

What would the best recourse to get away from the FIR and get back to the Job?

Anonymous   14 January 2010 at 12:52

dishonour of cheques

CAN UNLICENSED MONEY LENDER SUE THE ACCUSED IF THE CHEQUE BOUNCES

Anonymous   14 January 2010 at 12:19

Quashing of Charge Sheet/FIR

Sirs,

Please enrich me, whether a Charge Sheet filed in the Court of Law by IO in continuation with an FIR can be quashed? Or Can any one pray for Quash on the grounds of false complaint/FIR after filing the Charge Sheet? This doubt has arisen, in a case, where exact evidences in respect of complaint/FIR were kept secret by the complainant and the SHO and not made known to the accused and Charge Sheet has been filed against the accused in the Court of Law.

shweta Verma   14 January 2010 at 11:24

hiring private advocate

Sir,
please advice me, can a private advocate can be hired if the case is State V/s respondent and State has provided Public Prosecuter in the case, if yes, plz give some citation, specially with reference to case u/s 304B.

Pramod Kumar Dubey   13 January 2010 at 21:24

Defamation

Dear Sir,

I have purchased an irrigated land (approx 5 acres )from a person of my own village(UP),since he resides in Gujrat & been 65 years old he sold off his property to me & i have made full cheque payment to him, since he with his entire family is settled in Gujrat , he sold the property to me with his consent to me.
One of the reason of selling his land to me is the seller has family dispute with his two sons, both the sons have not taken care of his father after death of mother.

Now both the sons(age is 40 & 35) have filed a case against me that the registry which i have done should be cancelled.

The person from whom i have purchased land is inherited from his ancestors, he had sold the land to me in his proper health & with free will.
His two sons had filed allegation on the basis fraud, kidnapping,non payment which is totally baseless & wrong which i can easily prove as the seller was in a healthy state of mind plus i have done entire payment through cheque
Please advice on what grounds should i work againt the cased filed against me, I have paid all my money to him.

since his son has framed a baseless allegation of fruad siting non-payment, kidnapping & some words which cannot be used for a social person, i am willing to file a case of DEFAMATION against them, please advice.

Rgds,
Pramod Kumar Dubey

vijeta   13 January 2010 at 17:22

power of magistrate

difference between pre cognisance stage and post cognisance stage