Ranganath
01 June 2009 at 14:47
Ld counsels,
Anticipatory bail was ordered by high court. In the bail order it is mentioend that "the case of prosecution is that the accsued have ill-treated and demanded dowry, and the govt advocate submits that petition enquiry is pending after which there is a possibility of registering a case." With the above observation bail was ordered. Now, in this situation the complaint alleges cheating apart from dowry deamnd. Why is the prosecution didnt mention cheating while the bail petition was heard.
The truth is the complaint on the record of police and the public prosecutor was tampered to add cheating. Further no FIR was registered based on this complaint.
A new complaint was later accepted and FIR is regsitered u/s 420.
Now since the records are all the same with cheating allegations in the complaint copies will the court percieve the foul play.
Please give your opinion. Please remember we are living in a corrupt country and any thing can be done by bribing the police and court staff. My question why is the prosecution didnt mention about cheating while it was clearly mentioned in the (forged)complaint. Will the Hbl high court condone this as a technical err and brush aside as the petition enquiry was pending. This will be disastrous given that no FIR was later filed based on this first complaint.
What is the legal remedy that I have to order an enquiry on this forgery/conspiracy, obtain stay on the proceedings, and extend the bail for the second complaint. I want to directly approach the court, is that advisable.
This is a clear case where the court is being mis-led provided if I get the copy of the original complaint which I cant.
Please clarify.
hello all leartned experts
what is the degault bail pls inform me
hello all leartned experts
what is the degault bail pls inform me
Nitin
31 May 2009 at 01:21
Hi All,
My query is regarding the validity of a criminal complaint filed by an individual through his special power of attorney(SPA). In other words, can an individual acting in his personal capacity authorise another individual to file a criminal complaint on his behalf by executing a special power of attorney.
The individual appointing an attorney is the Managing Director of a company and so can not appear for every hearing. Can this be a valid ground for appointing an attorney through the SPA.
Regards
Nitin Satija
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