Devendra Gosar
03 October 2009 at 19:57
I had tried posting my query twice earlier yesterday but can't see it so posting it again.
On 1st Oct there was an accident caused by a commercial car just about 10 m ahead of my car. This happened on the Bombay-Pune road near Bhosari, where the road is pretty wide. The other car collided with a 2-wheeler and the girl riding the 2-wheeler suffered some injuries on her face and hands. She is ok now.
I was driving on extreme right lane and was quite away from the colliding vehicles. However, to ensure I do not hit the falling girl and the 2-wheeler I stopped immediately.
Unfortunately for me, the other car driver instantly accused that it was my car's back that hit the 2-wheeler and because of which it collided with his car. I have an old dent in the rear bumper which came in handy for them. The police has belived in that and has slapped sections 279 and 337 on me.
Police has not taken my statement and are in no mood of listening to me. They say make any arguments you want in the court. I reconciled to the fact that probably the other car owner must be very influential or would have bribed significantly and they need to find some scapegoat.
The 2-wheeler never hit my car and there is not even a single scratch to my car. The girl's family belives me but they also informed me that probably police has also twisted the girl's statement by ommitting key facts (like the long car hit her from left - mine is a hatchback and it was on right lane).
Yesterday I could find some digital snaps taken in Aug that show the dent in the rear bump. My car servicing invoice of May 2009 also has a remark of the same dent.
I need some help to understand what should be my next step.
1. Shall I just accept to the charges and get over with it with the fines? Most of the folks have suggested the same to me so far.
2. Shall I meet up with the sr police officers in the police station and make them aware of the new prrofs I have found on the old dent on my car and request them to reinvestigate the matter?
3. Shall I first get a bail and then press for finding the truth?
4. The constable at the police station has been threatening me that he would put me in lockup. Fortunately he has let me go on 1st and the 2nd Oct. He repeatedly called on 3rd Oct offering to 'settle' the things and I can also get my vehicle back. I have so far avoided that. He has not clarified how he will settle the things.
5. The constable had also mentioned about the medical check-up. I am not too sure why it would be needed now and not on the day of the accident.
Police has not taken my statement, neither they have given me any copy of the FIR or panchnama. The investigating officer has not even spoken to me.
Requesting this forum of experts to put forward their opinions and advices for me.
Thanks in advance!
Sumir
03 October 2009 at 11:42
Can any one tell all laws that prevents cruelty to animals in mumbai, (since I have heard Bombay police act, also has some provisions for it), along with some landmark judgements on it. also state all action taking authorities in India, for the same.
Surata Ram
03 October 2009 at 04:02
Can a second chargesheet under section 173(8) make additional persons accused or the further investigation remains only in respect of the already chargesheeted accused whose cognizance has been taken by the court as per the first chargesheet?
Kindly throw light on it with citation of supreme court or high court if possible.
Surata ram
sanjay kumar patibandla
02 October 2009 at 09:30
One witness deposed that he observed the accused 1 to 8 form the window at mid night 3 o clock. But he never deposed regarding light. I too never questioned him regarding light.
please send me the relevant citations. Entire my case is depended upon this issue. case is under section 458 of IPC
Dr.Gaurang N. Gandhi
01 October 2009 at 20:22
Seniors
Please solve my query quickly.
today in one case under sec.138 of N.I. act the advocate of accused demanded to translate the whole suit in vernancular language i.e. in GUJARATI, in JMFC.
We r generally doing court proceeding in english.
Is there any article/ section/ or latest judgement that make compulsion to do so?
Pl source me judgements in favour and against us.
It is very urgent for us.
judge also urged us to do so if we fail to prove that there is no such provision that bind us to translate the suit in Varnencular...
there is needed some judgements.
WHATSAPP 91-8075113965
01 October 2009 at 18:36
sirs,
i have forewarded a private complaint u/s 156(2) crpc through a magistrate court to a particular police station.court forewarded my complaint and police laid the charge sheet after investigation. but, the problem is that one person whom i have cited as a witness ,was also arrayed as accused, along with other persons whom i have shown as accused.
so, here, i would like to know , what i should do to make him as a witness again or the police has the final say ?
can i order re-investigation ? if so, under what provision ?
salilkumarp
s k majumdar
01 October 2009 at 18:08
Dear sir
i) My daughter, being the only child of ours is presently pursuing her B.Tech in Nagpur.She is final year candidate and the course will be completed by March'2010.She is from Jharkhand state.
ii)She is being constantly threatened by one of her friend to marry him before sitting for the final examination else he will murder her.The boy is under apprehension that after completing final examination she will leave nagpur and therefore will be out of reach to marry.
iii)Except for pure friendship my daughter is having no other relationship with the boy.
iv)The boy is local one i.e from Nagpur and is engaged in the property dealing business of his father.
v)We as parents are under constant fear and both i.e me and my wife being highbloodpressure and heart patients and do not know how my daughter can be saved out of the clutches of this rogue element.
She is not able to concentrate on her studies and living in constant fear.
vi) we do not want any marital realtionship of my daughter with the boy because the boys family and ours is from a different cultural background and the boy is not educationally at par with my daughter.Moreover the boy is having no income of his own.
vii) Pls. suggest ways of what are the measures available to me to get out of this serious predicament.
viii)Shall i go to the police or shall we go for a legal remedy or shall we tell all these to the parents of the boy.If so then what are the likely fallouts.What will be the prudent action.
viiii)The boy we understand is adamant and refusing to obey his fathers ande friends advices and is hell bent to damage the career and life of our only child by marrying before the examination which is likely to be held in March'2010.
Pls. help me by ur kind advice.
S.K.majumdar
Asst.Manager(Internal audit)
WHATSAPP 91-8075113965
01 October 2009 at 17:49
hi sirs,
i have a doubt. that is, as per KERALA ABKARI ACT if a person is found transporting ,exporting, or importing any indian made foreign liquior, manufactured and permitted to be sold only in some other state in india, without paying the excise duty , in a jeep, normally the procedure to be adopted by the police is to arrest the accused, charging him u/s 55[a] of kerala abkari act and the property and jeep will be confiscated to the government u/s 67 of abkari act and a seperate proceedings will be held before the excise commissioner, for the release of the vehicle.
but here the police erred in ,not informing the matter to the excise commissioner, by preparing an inventory list.
if so, whether, the accused can file a petition u/s 457 crpc before the magistrate court, for the release of the vehicle ?
salil kumar.p
advocate
thalassery-670101
Surata Ram
01 October 2009 at 17:03
In a recent case, Police have submitted a chargesheet on 31 March 2009. Now in Septemeber 2009, police is about to submit a chargesheet for more accused in the same case even after FR. (Before this the prosecution lawyer had applied a revision potition for cognizance of additional accused.) The accused have applied for anticipatory bail. hearing is going on. What would be the position of the PP, the Judge, the counsel of the defence and the prosecution. Which provision of the Cr.PC would help whom?
What is the likely decision in the bail?
What may be the bearing on the case and the other accused who were chargesheeted initially? Kindly elucidate. Regards
Surata Ram
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u/s 385/384/354
She stated in her cross examination
It is wrong to suggest that the
complaint made by me against
accused is false or by way of cheating
has been made. It is wrong to suggest
that contents of the complaint
are all false.
It is wrong to
suggest that I had admitted that
my complaint was false or I
wrote letter to Shri V. S. Chauhan
to Sr. PA DAG Administration
confessing the same on 20/4/05
or that I sent said letter after
signing to V.S. Chauhan. I do
not admit signature on Mark
A at point A.
It is wrong to
suggest that I had written any letter to Senior DAG (Admn) addressing to him and that very letter bears the signatures of two witnesses nor I had written second letter to Sh. V.S. Chauhan, P.A. to Senior DAG (Admn) nor I had showed any apology against the provision that I had furnished in the FIR being the same falsely leveled against the accused nor I have never disclosed the facts of these two letters to my husband being the same letter not written by me to any officer.
It is wrong to suggest that I had made complaints on two occasions on
20.4.2005 against my husband in writing to my officers. It is correct that I had made these two aforesaid complaints against my husband to the Chowki In charge R.K. Puram, Sector-4, New Delhi affiliated to PS R.K. Puram, New Delhi. It is correct that I had made these complaints in the month of April 2004. Again said, Sorry, in the year 2005
This letter she wrote to her office on 20.4.2005
Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi-110002, without any influence and pressure from any body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated.
Sd/-
20/4/2005
Dated: 20.4.2005 (Asha Arya)
To
Shri V.S. Chauhan
PA to Sr. DAG (Admn.)
- DW8 Shri Chaman Bhandari s/o Late P.S. Bhandari, Sr. A.O., AG (Audit) AGCR
on SA
The statement submitted by Smt. Asha Arya in the office of AG (Audit), Delhi is true attested copy of the original as per our office record. This statement was attested by me as true within the capacity of Sr. Audit Officer. The statement is Marked as Mark A.
Xxx By Ld. APP for the State
I do not know as to who had asked about the same information but I submitted the same as part of the record of the office. I know the complainant for about 4-5 years since she was working in the same office. I do have interaction with her as office colleague. I do not know about the behaviour of complainant. It is wrong to suggest that I am deposing falsel
And This is the second letter she wrote to her office authority with two witnesses.
To
The Sr. Dy. Acctt. General (Admn.),
O/o the Accountant General (Audit), Delhi,
AGCR Bldg.,
New Delhi-110002
I, Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi without any influence and pressure from an body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false, baseless and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated. I apologize to the office and Sh. V.S. Chauhan for my wrong doings and I assure you Sir that such type of things will not occur in future.
Sd/-
Dated: 20.04.2005 (ASHA ARYA)
Witness
1 J.B. Gupta
AO (Estt.) Sd/- 20/4/05
2 Jawahar Lal
A.O. (Admn.)
O/o (Audit) Delhi Sd/- 20/4/05
“Sr. DAG (Admn & A/CS)’’
Dy. No…….62……….
Date……21/4…..
- Above letter submitted byMr.V.S.Chauhan PW-6 on 1.12.2008 at the time of his cross examinatiion– marked as Mark ‘Z’
DW4 Shri J.B. Gupta, Sr. AO, AGCR,
On SA
I identify my signature on Ex. DW4/A at point ‘A’
xxxx by Ld APP to state
I became witness to said document at instance of Asha Arya who had signed the same in my presence. I cannot say that the said document was got forcibly signed by Asha Arya.
DW5 Shri Jawahar Lal Sr. AO (Admn.), AGCR,
on SA
I identify my signatures on Ex DW4/A at point ‘B’ . The same was signed by Asha Arya in my presence.
Xxxxx by Ld APP to state -
It is wrong to suggest that Ex PW4/A was got forcibly signed by Asha Arya. I know Asha Arya as she was working in my office. I had witnessed the said document at instance of Asha Arya. V. S. Chauhan was also working in the office. It is wrong to suggest that I signed the said document under pressure of V.S.Chauhan
Please guide me on the above facts I won tghe case or not.