Ziaur Rahman
05 September 2021 at 12:48
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.
Ram
04 September 2021 at 21:08
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
sunil
25 August 2021 at 13:08
Dear Panelist,
What are the remedies available in the situation as below:
1. “C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
2. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Synopsis
3. “A” become new landlord of the premises incumbent with tenants.
4. “B”, a partnership firm, is the tenant from erstwhile landlord.
5. The rented premises, a room, of “B” is under court receiver in a title suit TS/1 filed by partner “X” against his partner “Y”.
6. “A” issues rent bill to “C”, a new tenant, without taking possession/evicting “B”.
7. “C” files a Title suit TS/2 against “A” & “X” with the aid of trade license (documents) unrelated to said rented premises and obtained an ex parte ad-interim order in his favor.
8. “A” filed a revision petition in HC against “X” & “Y” challenging the lower court’s order in TS/1 directing the Court Receiver to put his lock & Key on the rented premises of “B”.
9. “C” tried to become party in Revision suit but Hon’ble HC rejected his petition on the ground that the documents presented by “C” are not trustworthy.
10. Hon’ble HC modified the lower court order to the extent that after inspection Court Receiver cannot put his lock & Key upon the said room.
11. As such, after the last inspection said room was left open and Partner “X” put his lock & key to symbolically take possession though his formal request filed before the last inspection is pending before the trial court.
12. In Title suit TS/1 there is a stay from HC in a revision suit filed by “Y” upon rejection of his petition under Order 7 Rule 11 of CPC.
13. In Title Suit TS/2, petition under Order 39 Rule 4 of CPC is pending. Petition under Order 7 Rule 11 of CPC and Order 6 Rule 17 CPC are pending for final hearing.
14. NOW,”C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
15. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Thanks
Guru
04 July 2021 at 15:44
dear sir/madam ,
1) may I know what acknowledgment I can request for my complaint if police officer do not prefer to Fill FIR .
2) and also sir/madam, please let me know types of registering the complaint in case FIR not filled or preferred and what documents police officers needs to provide to us following complaint registered . Thank you .
abhimanyu
16 December 2020 at 22:55
Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."
Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:
a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court
May also provide the case law on the issue, in case there is any.
ViGnesh sharma
09 March 2020 at 14:50
Dear Sir,
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
thanking you.
Lawrence William
30 August 2019 at 16:32
Recently police filed an ipc 170 ,406,419 and 120/B. Later on they realized that the officers are real. Now, they are not approaching the officers nor omitting the ipc�s . What would happen further in the case?
JAGADEESH
26 August 2019 at 15:09
Respected Madam/Sir,
In my office premises one of the fellow employee sexually harassed one women employee during December 2018, she had filed the complaint at Personnel Office. As i am the personnel officer, I have received the complaint and forwarded to higher authorities. Whereas, he was asked me that not to forward the complaint to higher authorities. Since then the fellow employee developed grudge on me and always scolded me and my parents. On 18.02.2019 he provoked me and used filthy language. In the process I went towards him to ask him to stop abusing, he enraged and caught my neck, immediately i pushed him a side, unexpectedly he fell down on the window edge. His head got injured 3 stitches done by doctor. Now he filed private complaint through an advocate, stating that murder attempt made by me. The entire episode was recorded in the companies CC TV. Now police issued notice under 41A. Kindly suggest, how to come out from the situation.
Jagadeesh
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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 ?