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Phani Kumar. D   20 March 2018 at 11:20

Refund of surety amount

Sir,
After disposal / acquittal of Criminal Cases, how can get back surety amount from the Court in Andhra Pradesh.

Pooja Khatri   19 March 2018 at 23:17

Need help in understanding

Hello can anyone help me in understanding the reply that I have rec'd from police station against RTI that was done by me for asking the procedure or steps they have taken against FIR of section 498. My uncle and husband has not got stay from the court for which I did RTI. But the response I got from police station says in Gujarati.
Below is the info.
Section 41(1) b against uncle in-law. And application is now filed in police commissioner kacheri. What does this mean?

Hari Singh   19 March 2018 at 20:51

Regarding some query of arrest,detention,suspention

1.THAT I AM A GOVT TEACHER IN DELHI AND TOOK A LOAN FROM RS. X FROM DELHI COOPERATIVE SOCIETY REGARDING WHICH I GAVE CHEQUES.
2.THAT I HAD DONE GUARANTEE OF OTHER PERSON WHO HAD TAKEN A LOAN WITH ME.
3.THAT AFTER A FEW YEARS FEW PERSONS CAME AT MY RESIDENCE AND SAID THAT THEY HAVE ARREST WARRANT NBW IN THE COURT OF ASST. COLLECTOR GRADE 2 REGARDING THE RECOVERY OF THE LOAN AMOUNT.
4.THAT I HAVE THE ALLOWED APPLICATION FROM MY EMPLOYER THAT THEY SHOULD DEDUCT THE AMT. FROM MY GPF A/C
5.THAT WHEN I WAS ARRESTED I WAS NOT PRODUCED BEFORE A MAGISTRATE WITHIN 24 HRS OF ARREST.
6. THAT I WAS RELEASED FORTHWITH FROM JAIL VIDE ORDER OF HONBLE DELHI HIGH COURT ON FEW TERMS THAT I HAVE TO SUBMIT THE AMT WITHIN 1 WEEKS TIME TO REGISTRAR F THE COURT
7. THat THE ORDER WAS PASSED BY THE COURT ON THE 2ND DAY AFTER ARREST
8.THAT THE JAIL HAS A NORM THAT A PRISIONER CAN ONLY BE RELEASED AFTER 8.00 PM THEN
I HAVE A FEW QUESTIONS PLEASE ANSWER TO THEM:
1.CAN THE ASSISTANT COLLECTOR GRADE 2 COOPERATIVE SOCIETIES CAN ARREST A PERSON UNDER U/S 69 DELHI LAND REVENUE ACT?
2.THERE IS A PROVISION IN CCS RULES THAT A GOVT SERVANT DETAINED IN CUSTODY FOR MORE THAN 48 HRS BE PLACED UNDER DEEMED SUSPENSION.THEN I WANT TO KNOW THAT IF COURT PASSED THE ORDER OF IMMEDIATE FORTHWITH RELEASE THEN WHAT TIME WOULD E consider?
3. IS THE ARREST IS LEGAL WHEN NOT PRODUCED BEFORE MAGISTRATE.
4. CAN MY DEPARTMENT SUSPEND ME?(I HAVE ALSO FILED CASE OF KIDNAPING ILLEGAL EXTORTION AGAINST THE ILLEGAL PERSONS RELATING TO THE CASE WHO CAME ARRESTING ME)
5. WHAT SHOULD I DO FOR THE IMMEDIATE REVOCATION WHEN THE DEPARTMENT SUSPENDS ME?
NOTE: I HAD GIVEN INFORMATION VIA TELEPHONIC CONVERSATION ON THE DAY OF ARREST AND MY ADVOCATE ALSO SENT A EMAIL TO MY OFFICE AFTER THE ORDER OF DELHI HIGH COURT
:: ANY OTHER REMEDY REG THIS MAY BE SUGGESTED PLEASE PLEASE PLEASE!!!

FAKHRUDDIN   18 March 2018 at 07:16

Writ of mandamus

I filed writ of mandamus in High court this month(march 2018)and listing is in April 2018 against police for inaction on my FIR and private respondents whom complaint was done but FIR was not booked against them. My question is can I approach magistrate for private complaint against police and others to book FIR against them ?

Sakthi   17 March 2018 at 18:28

Requested police to register complaint against offenders

I had requested court to order, concern police authority to start an inquiry in criminal original petition against offenders and court has issued an order but unfortunately my jurisdiction is different so I have requested my lawyer and he corrected using Criminal Miscellaneous petition and the court has issued an order to concern respondent as amendment, but when i checked with concern police authority they said there's no action point for them in the amendment petition. From police perspective they want me to file a case in Bangalore instead of Chennai, so can you experts suggest whether this order is to register complaint aren't or i need to deal with concern jurisdiction court ?

Crl.O.P.No. 23188 of 2017

Sakthi Saravanan .. Petitioner

Vs

The State of Tamil Nadu Rep. by its The Inspector of Police, Cyber Crime Cell, CBCID, Egmore, Chennai – 8. .. Respondent

(The respondent is amended as per order dated 20.02.2018 made in Crl.M.P.No.958 of 2018)

Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to act upon the complaint of this petitioner dated 03.10.2017 which was addressed to the respondent police herein and conduct an inquiry into the above matter & deal with the offenders in accordance with law and punish them.

For Petitioner : Mr.D.Dheena
For Respondent : Mrs.P.Kritika Government Advocate(Crl. Side)

O R D E R

This petition has been filed seeking to direct the respondent to register the complaint dated 03.10.2017 lodged by the petitioner and to take necessary action according to law.

2. I do not find any reasons as to why the endorsement dated 23.12.2017 made by the Inspector of Police, Cyber Crime Police Station, Bangalore by disposing of the petition should be considered illegal. If at all the petitioner is aggrieved, it is always open to him to protest against such a disposal before the appropriate courts.

3. With the above observation, the Criminal Original Petition stands closed.

27.02.2018

To
1.The Inspector of Police, Chennai – 8.
2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23188 of 2017


Sakthi   17 March 2018 at 18:03

Requested police to register complaint

Question : I have requested court to order, concern police authority to start an inquiry in criminal original petition with offenders and court has issued an order but unfortunately my jurisdiction is different so I have requested my lawyer to correct this using criminal miscellaneous petition and the court has issued an order to concern respondent, but when i checked with police they said there's no action point for them in the amendment petition. From police perspective they want me to file a case in Bangalore instead of Chennai. So can you experts suggest now ?

Crl.O.P.No. 23188 of 2017
Sakthi Saravanan .. Petitioner

Vs

The State of Tamil Nadu Rep. by its The Inspector of Police, Cyber Crime Cell, CBCID, Egmore, Chennai – 8. .. Respondent

(The respondent is amended as per order dated 20.02.2018 made in Crl.M.P.No.958 of 2018)

Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to act upon the complaint of this petitioner dated 03.10.2017 which was addressed to the respondent police herein and conduct an inquiry into the above matter & deal with the offenders in accordance with law and punish them.

For Petitioner : Mr.D.Dheena
For Respondent : Mrs.P.Kritika Government Advocate(Crl. Side)

O R D E R

This petition has been filed seeking to direct the respondent to register the complaint dated 03.10.2017 lodged by the petitioner and to take necessary action according to law.

2. I do not find any reasons as to why the endorsement dated 23.12.2017 made by the Inspector of Police, Cyber Crime Police Station, Bangalore by disposing of the petition should be considered illegal. If at all the petitioner is aggrieved, it is always open to him to protest against such a disposal before the appropriate courts.

3. With the above observation, the Criminal Original Petition stands closed.

27.02.2018

To

1.The Inspector of Police, Cyber Crime Cell,
2.The Public Prosecutor, High Court, Madras.

Frank   16 March 2018 at 18:54

Appeal/ revision to high court against acquittal by session

Trial Court convicted accused in a cognizable and non-bailable case filed by Police Report. Accused preferred appeal to Session. Session acquitted accused.
[1]. Options before the State Govt. to challenge the judgment of Session and provision in CrPC?
[2]. Options before the Victim to challenge the judgment of Session and provision in CrPC?

Anonymous   15 March 2018 at 22:53

NI Act Sec. 138 Service of Notice

Complainant Send the Notice after Bouncing of Cheque to the 2 address of the accused:

1. Send the Notice to the address of flat of accused where accused does not Reside during the period of sending of Notice and the Complainant knows the same. Copy of Electricity Bill for the month of Sending Notice shows consumption of only 4 Units in that Month.

2. Send another Notice to the usual address of the accused but while mentioning the Address deliberately mentioned house No. 108 where as acual address was 180 and due to which Notice was returned undelivered.

Complaint filed in the court with the correct address House No. 180 .

And summon issued by the court at the correct Address.

As per the general presumption Notice under section 138 sent at the correct address through registered post returned undelivered is deemed to be delivered. And this view is also confirmed by the supreme Court also.

What the remedies available to the accused in the above circumstances.

Is there any case law in this regard where accused got relief due to sending of Notice to the accused at wrong address.

Anonymous   15 March 2018 at 19:05

Drink and drive

If someone caught in drink and drive, and paid fine..then he ll be ineligible for upsc job?

Rituraj kalita   15 March 2018 at 15:54

Transfer of criminalcases

What to do to tranfer a criminal case from the court of the add.c.j.m. to any other court if the said add.c.j.m. is in the charge of the c.j.m. as c.j.m. is on long leave ..?