Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv. Nitin Prabhakar   22 February 2022 at 23:07

To take back fir done online

Can any one take back there FIR done through online? What if not possible to take back? Is there any other way to quash FIR except from High Court?

RITESH RANJAN   04 February 2022 at 11:31

Pocso inaction of police.

Respected Sir/Madam/s
, An FIR U/s 354 A , 354 D and Section 8 of POCSO Act has been registered by the mother (a poor lady) of victim the day before yesterday. The victim has affirmed her witness before a magistrate yesterday.
Still, the accused is at large and when she asked to the IO of the case, she told he has furnished some Bond in the police station. Where as in 498 A cases police immediately arrests the accused, present him before a magistrate. Then, why not in the POCSO which is more heinous, the police has not arrested the accused. Please be kind enough to guide.
Regards,
Ritesh Ranjan

Anonymous   25 January 2022 at 06:03

Difference between "burden of proof" & "onus of proof" ?

Can anyone tell me a judgement which explains what is the distinct difference between “burden of proof” and “onus of proof”?

Alternatively, it would be nice if it can be explained in two or three sentences in plain language.

Vasudevan   16 January 2022 at 11:15

Eligibility of passport and visa - reg.

Sir, I had been convicted by the trial court under Prevention of Corruption Act. The verdict of the trial court has been stayed by the High court and the Criminal Appeal is pending before the High Court. In the above situation, My daughter and grand daughter is in foreign country. In the above situation,
i) Am I eligible for temporary Passport, in case of any medical emergency for my daughter and grand daughter to bring them back to India,
ii) Am I eligible for temporary visa to visit the foreign country for the above said reason.

In case if the reply is yes, what are the general conditions may be imposed by the High court? If any deposit to be made, the probable amount also please be informed.
Thanks in anticipation.

raju   15 December 2021 at 20:05

Non apperance of advocate

In criminal case advocate not appearing for the applicant/complainant due to which client had to suffer. Can advocate be changed without informing the previous advocate.

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.

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.

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?

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

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