NAVNEET GUPTA
11 October 2010 at 18:45
Sir, a lady on whose complainant the police filed a chargesheet U/s 451/353 RPC(J&K) and on the presurre of accused and prosecution agency ,as she was threatened of dire consequences ,made different story before the Court which will in future exonerate the accused . The evidence in the case is still going on .The accused has now threatened her to get her defamed and file a case for malicious prosecution . The lady/complainant now intends to retract from her statement and wants to make a correct statement before the court.
Please advice on this issue and also the law point / procedure .
M/s. Y-not legal services
09 September 2010 at 03:00
sorry experts.. i have deleted this query.
WHATSAPP 91-8075113965
01 September 2010 at 13:34
sir,
can anybody provide the following citation urgently :
1988(3)scc(crl)822
it is on the notification on wild life protection act.
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:02
sir,
in one of my case, the allegation is that 4 accused persons showed a knife to the defacto-complainant and snatched a gold chain from him and subsequently after so many days, gave it to the 5 th accused to sell the gold ornament.here the offences charged against the accused are u/s 392, 398, r/w 34 of IPC against accused No. 1 to 4 and an offence u/s 414 of IPC seperately.
now , in this case, charge has been framed and denied by the accused,summons has been issued to the witnesses.
now, my doubt is that, here the only sessions offence is 398 IPC. it requires 5 or more persons to commit the offence. but, here, in this case, even though now there are 5 accused persons, at the time of commission of offence there were only 4 accused persons. or in otherwords, accused No.5 has not ever took part in the dacoity at all, the only allegation against her is that she has assisted in concealment of stolen property (u/s 414 IPC).
so, according to me 398 will not lie as there were only 4 accused persons at the time of dacoity.
if at all, 392 may lie.so, 392 IPC and the other offence charged against accused No. 5 , 414 IPC, is also an offence triable by magistrate only.but, now, as sec. 398 has been incorporated now it is in sessions court.now, charge has been framed and denied by the accused. so, i cannot argue for discharge also.
what is the remedy ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
dipankar
28 August 2010 at 11:17
How long does a DSP require normally to investigate a Scheduled caste case.
Gaurav Pandya
25 August 2010 at 01:48
Is there any provision that, appeals dont have any type of Written Statements ?
or
Is there any provision regarding that, Written Statements should not be allowed at the time of arguments in appeal ?
if any citation or ruling, please also inform me.
Avnish Bhatt
24 August 2010 at 12:31
is there any fullbench judgement on suspention of sentence.
dipankar
21 August 2010 at 13:51
Within what time limit a DSP should investigate a harijan case and submit his enquiry report.
WHATSAPP 91-8075113965
15 August 2010 at 15:30
sirs,
i would like to know under what provision of law a taxi permit is given to autorikshaws and whether they can drive such taxi permit vehicles at their likes and dislikes , because very often it is seen that taxi permit vehicles are reluctant to drive their vehicles during night times and on particular roads.
whether they are legally entitled to such discretion /
if not, which provision of law they are violating ?
salilkumar.p
advocate
thalassery-670101
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Petition praying for amendments in Section 498A of IPC.
Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.