saikat chanda
31 August 2009 at 19:58
Hi,
My girl Friend committed suicide on 14/11/2004 in Delhi at her parent's house.
At that time I was in my hometown.
After her death her parents gave first statement to Police that because she failed in some exam she committed suicide.
After 6 months they raise a FIR against me saying that she committed suicide because of me.
Main evidences are:
1) She wrote a mail to me where she wrote, "You are a liar" etc. But did not mentioned that she is going to commit suicide. It is not a suicide note, but a love letter, which ends upon a rough talk.
2) She sent a sms to me saying "If you don’t pick my phone I will commit suicide"
Now for last two years the case is going on in session court.
Her parents usually don’t come to court and ask for a new date via application.
I last appearance they told "My daughter told me that they Saikat has ditched me and asked me to commit suicide"
It is the opposite version of their first police statement.
Now they are not coming on the dates.
The case is almost 3 yrs old. Nothing is happening as they skipped the dates normally.
Can you suggest what should I do?
Thanks
Saikat
Ranganath
31 August 2009 at 16:42
Ld Counsel,
What is the main diff between discharge u/s 239 and u/s 245.
How long will the prosecution seek time to file counter and get ready for arguments.
Is it possible for the court to frame charges during the pendency of dischagarge petition in the same court.
Pls clarify
Thanks
Legal Fighter
31 August 2009 at 13:08
Hello Sir,
A person went to High Court for quashing of FIR in Crl. writ but high court refused to do stating that prima-facie offense is made out. Now chargesheet is filed against him. He again goes to high court for quashing of chargesheet u/s 482 CrPC. Is it permissible? Can anybody provide me such Supreme Court judgment which puts bar on such quashing petition. Please let me know at the earliest.
Thanks & Regards,
Manish
ad. creaminall
31 August 2009 at 12:17
on behalf of Accused no.- 2 >>> complaint filed u/s. 420,467,465, 468, 471,34 IPC acgainst accused.Order passed u/s. 156(3)on 19/12/97 but FIR registered on 12/1/99. reason for delay was given that due to investigation in other I&R matter of other court. the complainant who has filed te complainant is shown as witness in FIR and the complainant is different person. main Accused i.e. Accused no. - 1 who really has commited the offence showed as suspect only. niether he has arrested nor shown as wanted. charged framed twice first in the year 2000 and second in the year 2008.
experts plz. tell what remedy is available for accused no. 2 ??????????
plz. provide any citation/case law is available in favour of Accused no. - 2.
Thanks in avance.
vinod bansal
30 August 2009 at 22:48
Respected Members
Kindly help me in above stated matter,I filed a crl complaint uss 323/506 IPC & magistrate at the stage of framing of charge ,discharged the accused from all allegations,now i want to challenge this order of discharge/aquittal before sessions court ,i have to file appeal or revision against this order,I am highly confused regarding differences (Definations)of Appeal /Revision & Interlocutary orders,i have go through so many citations but all proved futile. plz explain me & enlighten me at this law point,So Thanx in antipitation n Regards.
Vinod Bansal Advocate
vinod bansal
30 August 2009 at 22:32
R/Members
My A/bail application under above sections is pending for 1-9-9 before sessions court ,embezzled amount is Rs. 18000/-my client/petitioner is also a old patient of epilepsy,kindly provide me any citation for bail.Thanx
vinod bansal
30 August 2009 at 22:28
R/Members
Will anyone plz provide me legal Dictionary (for downloading)Thanx in anticipation
SUBHASH SHARMA
30 August 2009 at 21:22
ONE OF MY CLIENT HAS PRINTING PRESS AT SHAHDARA HAS RECEIVED A SUMMON OF CRIMINAL/FAUJDARI SECTION 61 FROM AMITABH RAWAT D.J.S. METROPOLITAN MEGISTRATE ( MUNICIPAL)-01, KARKARDOOMA, DLEHI.
IT HAS BEEN MENTINOED THAT, YOUR PRESENCE IN COURT IS MENDATORY IN THE OFFENCE OF 416(41). YOU HAVE TO PRESENT AT THE ABOVE COURT EITHER YOURSELF OR WITH YOUR ADVOCATE AS IT IS REQUIRED.
KINDLY SUGGEST WHAT TO DO
SUBHASH SHARMA
ADVOCATE
M-9891338895
Rajneesh Madhok
30 August 2009 at 20:08
False case registered and the person kept in illegal confinement REGISTERED CASE UNDER SECTION 107/151.THIS TIME ARRESTED WITH NO OFFENCE.
PREVIOUSLY THE ACCUSED HAD BEEN PENALIZED UNDER PULIC REPRESENTATIVE ACT IN 2007.
Sir,
Cops of Punjab Police detained a person and kept him in confinement. The matter was reported to quite a number of authorities The case was that a person Viz A had helped the old ladies to cast their vote in the last assembly elections held in the year of 2007 by providing conveyance up to the polling booth. In that case the case had been registered against him and him was penalized for Rs. 1,000/-. The case is over.
Now we come to the point. In this parliamentary elections. The said person A became the victim of Punjab Police. The police keep on harassing him, keep on putting him in illegal confinement. The procedure of harassment did not come to end.
The victim (offender in the name of Punjab Police) reported the matter vide E-mails, Speed post to different authorities from Punjab police officials, President of India, Vice President of India, Chief Secretary and all the concerned officials of Ministry of Home Affairs. But in vain.
One day in early hours A was picked up from his house with police force and again kept in confinement. The police replied to the query filed under RTI act that the reasons of taking actions are as under.
PUNJAB STATE HUMAN RIGHTS COMMISSIONCHANDIGARHComplaint No: 8084/9/2009 Present : Complainant Kulwinder Ram with Shri Rajneesh Madhok Report dated 21.8.2009 from SSP Kapurthala has been received through A.D.G.P/IVC-Cum-Human Rights, wherein the allegations of the complainant have been refuted and found false. It is reported that during the Lok Sabha Elections in 2009 there were instructions from the Election Commission that preventive action be taken against all the Bad Chracter persons and those against whom cases were registered during the last elections. Since case FIR No. 29 dated 13.2.2007 was registered against complainant Kulwinder Ram at PS Sadar, Phagwara, during the last elections, he was arrested and produced before the SDM while taking action under Sections 107/151 Cr.P.C. A copy of this order along with a copy of the said report be sent to the complainant for filing the rejoinder by the next date, failing which the complaint would be finally disposed of in accordance with law. Adjourned to 13.11.2009. Date: 24.8.2009 Sd/-“SONI” Justice Baldev Singh Member Now the points to be considered:1. Sec. 107/151 is regarding MINOR DISPUTE of two parties. In this case the convict who had been put behind bars twice and has to get bail has not made any offence. In the last assembly elections he had helped the old ladies of the village to caste their vote by providing transportation in his car. In this offence he had been convicted and had been fined for Rs 1,000 in the 1997. Whether he became law offender and there is a great problem if he scot free during elections and there will be the law and order maintenance problem. 2. Sec 144 is applicable on Law and order problems. Why the person put behind bars and placed in lock up and still the police department says that it is according to the instructions by the Election commission. REPLY OF PUNJAB POLICE SUBMITTED TO THE COMPLAINANT From Senior Supdtt. Of Police, 24/8/2009 Kapurthala, To Registrar, Human Rights Commission, Punjab, Chandigarh !No. : 1770-P Dated 21-8-09 Sub Regarding: Shri Rajneesh Madhok, Nehru Park, resident of Gali No. 2, Railway
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Registration of FIR under DP3
Respected sir,
I have filed a case in the court under 156(3) for registering FIR in the sdaid matter on 1/10/2008. On the same day hon'ble court plead to pass the direction SHO to submit the ATR wheather FIR is registered or not. After lot of excuses the ATR was submitted by IO on 31/10/08 and kept for consderation and after the argument on the said matter twice, the hon'ble court satisfied and told me that on 10.2.09 , the order will be passed for registering FIR. but next day i came to know that ATR submiitted by the IO was incomplete and Hon'ble agin order to submit the ATR and IO is to be present in person on 16/4/2009 with ATR.
IO did not comply the direction of the court more then five times even after the four summoned were issued to him.
I prayed the hon'ble court about his absence too. IO is in tentionally not attending the court. Kindly suggest what further action should i take.
Thanking you