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Gururja Rao   24 March 2008 at 08:46

illegal- detention concealing FIR for Hours

Hi all,

In the name of enquiry or investigation how long the police can detain accused person without registering the F.I.R, and can it be possible to take any action against the Station house officer who by influence or for any other reason illegally detaining the accused person without registering the FIR, I am asking this question bcoz the senior citizens were made scape goats in one of 498-A complaint lodged by their daughter in-law, the police on receiving the said complaint came to the residence of her in-laws and took them in early hours around 6:00AM and made them to wait till next day after noon at police station only. mean while when the advocate reached to P.S to find out on what complaint they were brought,the concern police negligently told him that thier superior officer is not available as he was held up in another meeting it is not possible to show you FIR and further said that as and when the S.I returns he provide u with necessary information, but unfortunately it seems the said S.I turned up to P.S around 9:00Pm, till then the old citizen made to wait till that time since morning.

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Ashish M   22 March 2008 at 23:06

What if FIR is not getting registered.???

once, while a watching a News T.V., i heard that in case the police is not getting the FIR registered, the victim can directly go to the magistrate and may record his/her statement. could u pls tell the section of the relevant code which so specifies and also the exact provisions.....?

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Ashish M   22 March 2008 at 23:02

compoundable offences??????

could u pls tell what is the meaning of a compoundable offence??

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Gururja Rao   21 March 2008 at 17:54

evidence act

Hi.all
I want to know what is the evidentiary value of voice recorder on mobile phone , when recorded while conversation going on from land line to mobile,and is it admissible in evidence, if yes can u provide me any case laws in such circumstances.

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Shree.   20 March 2008 at 18:34

Regarding surrender of an accused before magistrate

Wheather police can arrest an person before surrendering him before the magistrate in the court premises or when the police finds the accused along with the advocate?
Is there any rules or laws regarding this problem?

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Dimple   20 March 2008 at 14:05

Need legal advice

Hello All,
I'm a divorcee women mother of a 9 yr old girl child (custd. is her father). I'm working with a small Pvt. firm from last 3-4 yrs.
November 2005 I met a men who is younger then me. He propose to marry me after knowing everything about me. He promise to marry me, as soon as his parents come to our place & bless us. But his parents are not accepting me due to my past. He tie mangalsutra on my neck & promise me again for legal registry by December 2006. We started to live together from June 2006. He told our neighbors that we are husband & wife. But his office colleagues know that we are friends. In August 2006 I got pregnant with his child & September 2006 aborted the baby because he was not ready for kids at that time. In hospitals records & MTP consent letter he sign as HUSBAND with his full name, address and mob.no.

10th January 2008 he told me that his father & brother are very seriously injured & admitted in Punjab (his native place). Next day (11th Jan.08) he leave for his gaon.
2 days after I came to know that he cheated me, he got married on 18th Jan08

I want justice, after requesting so many times, he couldn’t register our marriage intentionally. Pl help me, I’m not capable to spend so much money for legal advice. But I want to show his asli chehra to everybody.


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ashok jain   19 March 2008 at 10:59

Substitution of complainant

A public servant files a criminal complaint in his official capacity. On his transfer, can his successor become the complainant.

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Member (Account Deleted)   19 March 2008 at 08:07

Important Sections (or Chapters) of CrPC, Evidence Act....

Hi everyone,

I want to know which Sections (or Chapters) of the CrPC and Indian Evidence Act should one know by heart before joining the bar as a criminal lawyer?

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Nijaguna Murthy G   15 March 2008 at 19:13

A Case registered under P.C. Act-1988

Sir,
The facts of the case are as under:

Two Deputy Directors (having the same name but initials differs) of a State Govt. Department are working at Two different places in the State. Details are: Their names are A. Ramanna & B. Ramanna respectively.

I- A. RAMANNA’S PARTICULARS:-

1)Name : -A. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Bangalore
4)Year of joining into Service: -1992
5)Promoted as Supdt : -1998
6)Promoted as Asst. Director: -2003
7)Promoted & Presently working as DD at-Bangalore since 2007


II- B. RAMANNA’S PARTICULARS:-

1)Name : -B. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Gulburga
4)Year of joining into Service: -1996
5)Promoted as Supdt : -1999
6)Promoted as Asst. Director: -2004
7)Promoted & Presently working as DD at-Gulburga since 2007

Both A. Ramanna & B. Ramanna were under the scanner of Lokayukta of the State since 2 to 3 months on suspession of possessig assets disprotionate to known source of income.

On a targetted day the Lokayukta Staff conducts raid on the house belonging to B. Ramanna at Bangalore and finds assets disproportionate to B. Ramanna's actual income.The name & initial of B. Ramanna & the address of his Residential House at Bangalore & details of other properties he owns at various localities of Bangalore are properly mentioned in the Source Information Report & FIR.Residential address in the Search warrant of B. Ramanna, DD, is also correctly recorded.

However office he is presently holding is recorded as "Presently working as DD,Bangalore" instead of DD, Gulburga, both in the Source Report & FIR.(Repeatedly mentioned as such for 6 times in the Source Report & FIR).
Further, the search warant(issued by JMFC, Special Court of Bangalore City)in respect of the office of DD is issued says "B. Ramanna, DD, Bangalore" instead of Gulburga. Further there was no search warrant issued against his office at Gulburga. Lokayukta, after learning the fact during the time of raiding his house at Bangalore realizes that his office is at Gulburga & not at Bangalore & hence returns without raiding the DD office, at Bangalore.The case is under investigation by a Dy.SP of Lokayukta, since 3 months.



Now the queries are:
A)Can B. Ramanna file a petition in the High Court of the State seeking squashing of FIR & further proceedings of Lokayukta, on the ground of MISTAKEN IDENTITY & DENIAL OF NATURE JUSTICE? If so, under what Sec. & Acts?? Are there any decided court Judgements of similar case?? (Pl. furnish details)
B)If the judgement is in favour of B. Ramanna, is there any possibility of Lokayukta to file a fresh FIR and conduct/continue proceedings and prosecute B. Ramanna?
C)Can B. Ramanna plead in the court to prove that it is a case of mistaken identity & instead of proceeding against A. Ramanna, Lokayukta have inadvertantly proceeded against him. Can B. Ramanna produce all the relevant documentary evidences which also clearly establishes that even A. Ramanna is also having Disproportionate Assets than his known source of Income & quntum of Assets of A. Ramanna are more than that B. Ramanna??
Since the issue is sensetive, can any body respond early Pl...???
G.N. Murthy.

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syedamzadpasha   14 March 2008 at 18:10

about 498(a)

sir

My friend working in central governement job and he get married to the lady she belongs to Maharastra and he belongs to Andhra Pradesh. His Brother-in-law(wifes brother) get married and his wife kept 498(a) for all entire family members in nasik police station and my friend and his wife not implicated in the offence and they are falsely implicated. my friend leading marital life happily in andhra pradesh. if any possibility is there to approach the case hereself(in andhra Pradesh)

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