N.Ramakrishnan
07 October 2009 at 10:54
Dear All,
An absconding accused wanted by 2 agencies against whom NBW's were pending was arrested by one agency and remanded to judicial custody. The second agency files an application for issuance of PT warrant for production of the accused in their case and the PT warrant is issued by the magistrate after directing the agency to return the un executed NBW.
When accused is produced on PT warrant for the hearing, the magistrate remands him to judicial custody in that case and the remand is periodically extended. Later magistrate grants bail to the accused in the 2nd bail application which was heavily contested by the prosecution.
The prosecution moves the High Court for cancellation of bail and obtains stay of the bail order. Subsequently the accused gets bail in the other case and moves the high court for dismissal of the petition filed by prosecution. In the course of arguments the prosecution takes a stand for the first time that since they have never arrested the accused at any point of time, grant of bail to the accused by the magistrate is wrong. The High Court holds that since accused was not arrested in this case no bail is necessary and he is released.
The magistrate has been periodically remanding the accused to custody. The bail applications were contested by the prosecution on merits upto the HC and the argument of not arresting was taken for the 1st time during the arguments. The question is whether the accused is entitled to seek set off the period of remand by the magistrate in the final sentence.
Please give me a considered opinion.
Thanks,
N.Ramakrishnan, ADV
Member (Account Deleted)
06 October 2009 at 16:31
The Young Persons (Harmful Publications) Act, 1956
Are obscene clippings in films, dance shows in Television channels,fashion shows in india, exposing pictutres on magzines comming under The Young Persons (Harmful Publications) Act, 1956 or not?
jagadhathri
06 October 2009 at 16:01
in a civil case plaint can be amended at any stage by filing APC..... lik wise whether a complaint can also be amended? if yes or no give sec regarding tat..
arun
06 October 2009 at 09:45
has cr.p.c.amendment act. 2008 been notified or not?
arun
05 October 2009 at 17:38
Dear All,
Can any one of you help me in making a clear distinction between section 451, 452 and 457 of the Criminal procedure Code?
Ranganath
04 October 2009 at 20:29
Ld counsels,
Chargesheet has been filed alleging offenses u/s 420 and 417. Cognizance taken and summons issued. Accused filed discharge. In this case there is already a complaint alleging dowry demand but no FIR was registered based on this.
1. Process is issued based on second complaint. Is the court right in taking cognizance of the chargesheet arising out of second complaint without considering the final report of the first complaint. Though it is mentioned in teh second complaint that there is a previous complaint prior to this one. magistrate issued process with out reading the FIR.
2. Will discharge be dismissed citing that there are allegations of dowry demand and there is a possibility of framing charges though prima facie offenses u/s 420,417 is not established.
3. Will discharge be possible when the complainant is found to be lying on the face of the record which amounts to fraud on court.
Please clarify
Thanks
jagadhathri
04 October 2009 at 19:45
in a civil case if a suit is dismissed for default it can be restored by filing restore petition... like that in a criminal case if a complaint was dismissed whether it can be restored...
jagadhathri
04 October 2009 at 19:37
whether a magistrate can reject a bail application with sufficient ground for a bailable offence
Ashok Srivastava
04 October 2009 at 18:37
Dear Sir,
When wife is not ready to compromise in 498 a Case, then whether Anticipatory bail to husband is allowed or not? Because her parents are not ready to send her daughter due to medically unfit to deliver a chile in future.
Please advice me from your valuable suggestion.
Yours'
Ashok Srivastava
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evidence
wheteher medical certificate of private hospital can be admitted as evidence?