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raju   02 December 2021 at 18:26

Transfer of case

Victim of sexual assault her case court taken as IPC Complaint private pending for complainant evidence. Can this criminal case be transferred to another district.

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raju   30 October 2021 at 21:14

Witness apperance

In criminal complaint witness was summoned to produce documents. Can witness called to give evidence depute some one else or through advocate. Although witness called is important in criminal case to give evidence.

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shyam lal   23 October 2021 at 20:21

False criminal charge

The compliant has died in a legal case. Query ..can the Legal wedded wife pursue the case havening the requisite prof and evidence? to prove him innocent?

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gurmit sakla   04 October 2021 at 11:27

420 406 mofa 3 4 13 mpidact 3 4

Please suggest he has been on 8 July n uptill now no bail granted so how I will get a bail in this case

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sunil   30 September 2021 at 19:56

Recording statement u/s161crpc & notice u/s 41a crpc

Respected Panelist,
Can defacto complainant take plea of shoddy investigation and asking for further investigation / private complaint in a situation as under:
Fact of Case in hand:
(a) IO has recorded statement of named accused after 400 days of registration of FIR before final report was forwarded to Magistrate after 600 days?
(b) IO issued notice u/s 41-A CrPC to some of the named accused after 400 days of registration of FIR when Apex court has mandated that notice u/s 41A CrPC should be issued within 15 days which can be extended on the orders of SP upon commencing of Investigation.

Query
(1) Is there any guideline on time-table (within days/weeks) to record statement of named accused u/s 161 CrPC upon commencing of investigation?
(2) What would be termed as un-reasonable delay in recording statement u/s 161 CrPC?
(3) Is this a fit case for further investigation / private complaint when notice u/s 41A CrPC was issued after 400 days of FIR registration?

Looking forward for your valuable guidance.

Thanks

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Anonymous   22 September 2021 at 15:45

Admissibility of whatsapp screenshot as an evidence

Good Morning sir,

I have a query regarding Admissibility of WhatsApp screenshot in court of law in India.

If someone has deleted his part of communication in WhatsApp chat and then taken his screenshot, Will that screenshot be admissible in court of law?

In my case the opposite party has deleted his messages and took screenshot. My problem is that even I have deleted the chat. Pls share your legal and technical opinion.

Thanks

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Anonymous   16 September 2021 at 22:02

Late intimation of false fir to department.

Dear Sir,

I am a government employee. When I got my job 2 years back a false criminal case was slapped on me just after 3 months of job. It is a dowry and false promise of marriage case.

I applied for Anticipatory bail. Same was granted by the court. I was never arrested by the court. I informed about this case after almost 1 year to my department. My opposite party is continuously sending complaint letters in my department. Though I wasn't arrested at all will my department take action against me? If yes what could be the penalty.

I am very stressed, facing trial and Fear of departmental actions. Please help me

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Anonymous   15 September 2021 at 23:19

Complainant cannot appeal against order of acquittal in 498a

There is a provision in law, which says that complainant can not appeal against the order of acquittal in 498a. Can anyone help to provide any reference /citation for this point ?

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Ziaur Rahman   05 September 2021 at 12:48

Default discharge under section 167(5) cr.p.c

Based on source information, an F.I.R against the unknown person was registered under section 25(IB) r.w 35 Arms Act after the recovery of some arms and ammunition from the corridor of his premises when he was out of town. He was called by the police from another town and arrested in the said case through the FIR was against unknown. After the media trial and the hype in the local newspapers, the accused was granted bail. In West Bengal, as per the criminal amendment, in Arms Act cases within 2 years from the arrest of the accused person, the investigation must be completed. However, the investigation was not completed. He was also not discharged by default after the two years of his arrest and bail by the Magistrate. After about 3 years, the investigation officer submitted a prayer to the Magistrate to permit to continue the investigation and thereby enhanced the period of investigation, which the Magistrate did without informing the accused. After a week, the Investigating Officer submitted a charge sheet. The Charge Sheet has not been served upon the accused till now. I am not going into the merit of the case. Now should the accused file a default discharge application in the same court of Magistrate or should go before the District Judge challenging the illegality against the extension of the time for investigation and his non-discharge by default after completing the statutory period of 2 years from the date of his arrest? Kindly advise.

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Ram   04 September 2021 at 21:08

Evidence in 498a

Dear Most Respected Experts,

My wife had filed a maintenance petition u/s 125 CrPC in the year 2007, then we filed a joint memo and we lived together for some time. When quarrel picked up, she filed FIR in the year 2008 u/s 498A & 4 of Dowry Prohibition Act. Then in the year 2009, she filed another maintenance case u/s 125 CrPC.

Now case u/s 498A is going on in court. Allegations mentioned in the maintenance petition in the year 2007 are totally contradicted with FIR filed u/s 498A in the year 2008. At the same time, allegations mentioned in 2009 are also totally contradicted with FIR filed u/s 498A.

I have taken a certified copy of the maintenance petitions (125 CrPC) of 2007 and of 2009.

My Questions:
==========
1) Will the court admit both the maintenance petition (2007 & 2009) as documentary evidence and the judgement will be passed on the contradictions?

Thanks in advance
Ram

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