iftekhar Malik
31 August 2017 at 12:52
Respected all my senior sir,
I filed a. Criminal revison against the order of interim maintenance ordered passed by judicial magistrate Asansol of Rs 10,000/- per month to a minor child of the petitioner.
I am on behalf of the opposite party i.e husband , the main facts is both husband and wife are job holder in Bengal police service where the salary of husband is Rs 18,000/- per month and wife salary Rs 27,000/ - per month.
So for that reason petitioner wife file 125crpc for her minor child and not herself.
When I filed a criminal revison against this order then the session court reject my petition that I can not filed revision petition because it is a bar by kolkatta high court judgement.
Sir I am on behalf of the husband and his 65% income is going as a maintenance to his child ,
As per my study the court may order only 25% income of husband as an maintenance to wife, child etc.
So please give me any Supreme court ruling so that I filed a rescission at Session court Asansol,
Please sir help me and send me some major judgement.
Anonymous
29 August 2017 at 04:24
My husband is in judicial custody since 31st may 2017. He has been charged with a ndps case under section 21b where non commercial quantity of alprazolam was found but not during personal search. He was in custody due to a different case of sec 307 where he has already got bail. He was bought on remand by police on 16th june in drug case where police planted 87 grms alprazolam on him saying he told them that he had burried the medicines in a ground. All this started when the co accused from whom 350 grm alprazolam was recovered and he said that it my my husbands which is totally wrong. Chargesheet has been filed. He is judicial custody from 90 days. Will he get bail from session court?
Arvind Singh Chauhan
23 August 2017 at 21:19
Whether it is necessary to produce seized material in wild life case during trial, during evidence, and get it exhibited.
If yes plz suggest relevant provisions or case law.
mukesh
22 August 2017 at 21:51
In Gujarat a ' District level Grievances readdress and task force committee' formed by state government to curb illegal mining activities.Most class 1 officer of various department are members. They all have duty to help stopping illegal mining activity. In july last week RTO officer caught more than 25 sand trucks. It is his duty to inform this to district geology department where 40 to 50 thousand rupees penalty may be imposed to every truck. RTO didn't do his duty and not informed district geology department.Instead he imposed only overload penalty and release trucks.All this matter on record. RTO knowingly save truck owners from heavy penalty and thus made huge loss to govt. No one bothers. I made a complain under ipc 217. About 15 days passed police hasn't registered FIR . Police guide me to file RTI to RTO and collect more info. What should i do ???
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nino anand
21 August 2017 at 10:42
Hello to all LLC members I want to know that there is a married person and an unmarried girl 👧 both of them are major and professional educated. This married person is having 2 kids and doctor by profession. This person sent his wife to her mother's home in her 2nd pregnancy in the last months which was not aware to this unmarried girl. When his wife was with him he was treating this girl. She was his patient. When his wife went away to her home this doctor called the female patient cum friend to his house for stitch removal and further treatment. Earlier also apart from hospital duty hrs he used to call girl to the hospital for treatment according to him and he used to do multiple talks and jokes which he used to record live without her knowledge with malafide intention. One day he called the girl at home and applied force on her and fingered her private parts and did oral after injected her she was aware but was drugged he again recorded all this after doing this and before leaving girl he said sorry to girl multiple times and recorded only later part when girl was speaking and not what he was speaking. He kept meeting girl and kept recording all with very cleverness on her side things and not when he used to say sorry or applied force. He usd to say mai keh raha hu naa sorry ab keh to raha hu saath dunga shaadi karunga agar Kisi ko kuch bolegi to shaadi bhi nahi karunga aur recordings bhi upload kardunga aur tere gharwale mar jayenge Mai tujhe badnaam kar dunga agar jail Gaya to aisa banunga ki tihar kam pad jayega. The girl.was introvert she didn't share anything at home due to multiple reason. He everytime used to rape her and said sorry and at last only used to record her positive word but not when she used to deny. Now when girl got fed up of all this she said I'll file complaint and cn't bear all this. Then man made her a call and was crying and begging sorry and saying mujhse galti ho gayi mere ghar wale mar jayenge mere biwi bachchon ki taraf dekho. Mai kahin ka nahi rahunga. Mujhe jabardasti karne ka koi matlab nahi tha aap Jo bolo mai jar uss baat ke liye sorry bolta hu. Apki soch pavitra thi mai galat thehra plz aisa koi step mat Lena mai apje haath jodta hu. All these and some more was recorded by chance by girl on speaker and on different phone. Girl is under trauma she is consulting psychiatrist and taking medicines. She is under heavy depression. she went to psychiatrist after 1 year as her family didn't alow her to go under any mental treatment as they scared they will declare her mental. But she cn't answer questions properly now. But she hv this recording as a proof that she was raped multiple times. But the problem is this boy later shows her that he is very good and wants to help her emotionally girl kept meeting her as she was upset and depressed and was asking him why he did this to her now she needs her space. Which he used to record again after raping her now these later recording shows that it was a consent which boy recorded very cleverly and in meanwhile they were on WhatsApp in which he accepted everytime "I know u denied for everything but I insisted I m so sorry over myself i want to regret and he even wrote I still remember my fucking bullshit i have given you endless pain....etc etc and then he even wrote love you and all and girl also replied later as he was fooling and thinking that he might delete all recordings and give her space but in vain. He played smart and made girl psycho patient. She is taking antidepressant tabs and having self injurious behaviour and forgetful mind she forgets thing although she is in job. Plz guide its been around 18-19 months delay as it happened in march 2015 to.....so so If the complaint lodge will this recording work? Will the man get punish ? Rape complaint is delayed and the man is having 200+ recordings. but the girl is having only 4-5 recordings of his sorry and lil acceptance of his crime. Earlier girl was not in the condition to file as she was mentally disturbed and she was violent with her own family member. Girl was non practicing lawyer and man is surgeon. Plz guide ninoanand@yahoo.com
Anonymous
16 August 2017 at 00:37
Respected expert Sir's
Recently I am facing a trial in a case under 354 ipc.The allegation is that the subordinate Clerk had some grievance from me regarding official action in her favour which I had not complied ,so she alleged that I had touched her body in February 2010 and caught her hand.She made complaint before police & the Department and nothing was found ,closure reports were submitted by three police stations .Then she filed Writ petitions and writ appeals in high court and the High Court dismissed those petition/appeal, but in one of writ appeal Hon'ble High Court made a observation that if appellant wants then she can pursue a complaint case .So she filed the complaint case before JFMC and arranged two witnesses namely one is her made servant and other is her neighbour .That the above two witnesses made statement before JFMC that accused came to complainant house and while talking with complaint her "caught the hand of complainant ". and nothing .One of these witness say the time of so-called incident is in one morning in the month of Oct.-Nov.2010. where as other said separately on one day in evening at 8pm in Dec.2010.In this way they did not mentioned the exact date of so called cooked incident.How ever the JFMC took the cognizance under sec 354 and issued bailable warrant which was till date not delivered to accused/me , I just attended the JFMC due to news published in news paper ..I filed a application for recall of JFMC order but as there is no provision in Cr.P.C.for recall so JFMC has kept the application in abeyance ..I filed the MCRC petition in High Court against the order of cognizance but it was dismissed then I filed SLP in the Apex Court and that was also dismissed .Now trial is going to began shortly. I just want to know what action should I take further ,When I can get right to be heard by JFMC.He has fixed the date for statement of Chief -in-Examination i.e.complainant..Whether so called allegation of simply " caught the hand of complainant" comes under unamended section .354 to outrages the modesty of a 52 year aged woman by 64 year aged man .
Under section 313 crpc can I submit a written reply of private complaint petition with a chronology and list of of documents to be taken on record during my statements before JFMC for proper adjudication of the complaint .Further to inform you that this is a private complaint case and not based on the police reports.
.Please reply as early as possible.
Regards,
M.K.Mishra
Aashish George
20 July 2017 at 07:46
What is the legal validity of a compromise/settlement/razinama reached by the parties in the police station? Is it binding on the parties? Can the court refuse cognizance on the basis of such compromise?
Situation : a drunk gets beaten up by his neighbor, intially the mlc does not disclose any serious injuries, the drunk who's bac is at .800% is asked to sign a "razinama" he does so, on the next day he feels pain in his eyes, he thinks it's just swelling and does not go the doctor, eventually one of his eyes starts to loose sight, he goes to a doctor and he then undergoes immediate surgery, the drunk files a case in court, the police file atr stating he was drunk, intial mlc does not disclose his injury and he has already settled, can the court deny cognizance on the basis of that razinama? Does the police have the power to "settle" such case? If so, under what provision of law? What is evidentary value of such a compromise? Any citations in this regard? Kindly share your knowledge, it will help me immensely. Thank you.
Ankit
09 July 2017 at 19:25
1. On 26-04-2000 a person submitted an application in court under section 156(3) CrPC stating that on 11-04-2000 neighbor entered my house at 6 pm and did obscene act with my wife. My wife gave written complaint in the police station on 11-04-2000 for the same.
2. On 23-5-2000 libel / complaint (parivaad) was filed in the court. Court called for investigation report from the police. Police sent the final report closing the case and one other report 182 IPC against the complainant.
3. Under 200 and 202 CrPC court had taken witnesses and then sent summon to the party under section 204 CrPC. In summoning order court has not even mentioned anything about the police report.
4. Under 244 CrPC there were evidences from 3 witnesses, all of them claimed time of incidence as 6 pm and went to police station at 6.30. The lady with which the incident happened claimed that the time of incident is 2 pm and said she went to police station at 6:30 pm.
5. On the argument on the charge we said the victim is claiming time of incident as 2pm while others are claiming it as 6pm, but court framed the charge on accused.
6. All the proceedings are going on libel and 156(3). The original written complaint filed by the lady on 11-04-2000 is neither with the police and nor in the court files.
7. Without original complaint and victim claiming time to be 2 pm and rest claiming 6 pm. If we file a revision in High Court under section 482 CrPC then according to you will the case be closed?
Please guide us in the above matter and guide us with any ruling regarding the same. It will be great if we can contact you via phone.
inderjeet
30 June 2017 at 20:06
If original documents lost destroyed and it's photo copy available has any value in court to prove something
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Io investigate crime that does not come under his territory
A private complaint has been filed in magistrate court. Magistrate ordered for enquiry and referred to police and IO opened FIR and subsequently filed chargesheet.
In chargesheet he mentioned that accused are staying in area of his jurisdiction where as scene of offence is located in a place which is not in his jurisdiction.
1. My question is this chargesheet valid in the eyes of law to proceed with trial ?
2. Since IO has no authority to investigate crime which does not fall under his jurisdiction he should have referred this case to PS which has jurisdiction which he did not do and can i go for quash of chargesheet citing this reason?
Appreciate any suggestion