Subha
11 February 2020 at 10:15
Dear experts we have been accused in an fir for which we had applied for anticipatory bail 2 years ago but we never surrendered to the court or police never arrested us (bail status shown in civil court website is contested allowed). Now this days our lawyer is telling that we have to get surrendered with sureties to the lower court and then only the court will start trial and chargesheet also filed 2 years ago(inquired by the I/O), but in the website of criminal court complex when I am putting our fir details it is showing record not found , so my question is do we have to surrender on our own to start the trial process or the court will issue summon for our appearance or taking cognizance of chargesheet.
azure
10 February 2020 at 20:27
Hi Experts,
I have been falsely accused in 498a & DV cases. In the DV case, the petitioner has submitted 2 false photographs claiming proof of physical violence and that the act was performed on the same day the 498a was registered. (just before the FIR was filed for 498a)
However, the 498a FIR has no such details supporting the DV case. Also, with the help of RTI, I acquired the medical certificate (taken at the time of FIR 498a) which clearly states that "both parties are physically fit". No discernable injuries have been mentioned in the report.
1) Is there a specific IPC code i can use to file a new petition in higher court that the party or party's counsel has committed "Fabrication of Evidence" offense or perjury in the DV case?
2) Can I use the medical certificate and FIR details against the DV case? - Will this be a slow process compared to the above option?
3) If the outcome of #2 is in my favor, can I use that in the 498a case and quash it?
It had been just 1 year of marriage before the FIR was filed. There are no kids and she is an earning member with considerably good income.
Look forward for advice. Thanks in advance.
Shruti Shruti
08 February 2020 at 20:56
Dear All,
I have been arraryed as A1 in a fight case. 161 statements were recorded which clearly says I was not involved in the issue. I have sufferred and lost a lot due to the trail for past 3 years.
Now I have planned to initiate defamation / prejury in civil and criminal.
Hope I should first notice to the respondenets for civil defamation suit.(who made a false complaint on me and the false witness people). And then start filing the case in court.
1. Kindly correct me If I am wrong.
2. Do I need to send a notice for Criminal defemation as well?
3. COurt is how much at chennai?
4. COurt fee is for both civil and criminal defamation?
Anonymous
07 February 2020 at 22:01
after 5 month of marriage it came to the knowledge of the husband that his wife has a some illegal affair with other person, on the query of the husband she disclosed all the fact that she was under circumstance therefore all thing happened. she was working together with this man. when wife disclosing all the thing it come to the notice of the husband that these thing continue after marriage. on believing the story of the wife, wife lodge a FIR against this person u/n 376 ipc. after 3 month wife left the house of husband and make a statement in the court that fir lodge under husband pressure there is no rape at all. Now What would happen…………..?
Pradyot
06 February 2020 at 08:56
Can individual send notice to drawer u/s138 of nia and appear in person in magistrate court in mumbai in cheque bouncing case.
U/s420 of ipc can individual appear in magistate court
jeevan deshpande
05 February 2020 at 19:16
hon sir,
my case is at trail court, where PP is not performing, and police also not helping me. what is remedy ?
how to get WS and police investigation report copy from court, PP is providing me a copy can i get it from cort.
pl guide me
sayantan sarkar
01 February 2020 at 20:34
our neighbor had lodged a fir u/s IPC 325,307,341,354,511,506,34 on 18-03-18(incident date 17/03/18) because a dispute was going between us due to passing of a underground drain pipe and due to this a small chaos took place and one of a complainant was drunked and instead of us he threw a piece of pebble on his father which caused a minor cut in his forehead and using that they made a injury report and went PS for lodging fir but i was already present in the police station since from the start of this chaos and hence police took an oral complaint of mine(police wrote it on a book and made me sign on it )but no receipt is given . Then the opponent called some local Netas who said that both of us should amicably solve the matter hence police not took fir.But after one day they made a fir on 18/3/18 and also included me as an accused(because they are avenging me for reaching Police station) later ,the i/o told me not to worry since he excluded my name from the report prepared by him and suggested to take ACB for the other five accused except me.But now i dont know whether the report made by him was chargesheet or not since he got transferred , hence asking
1 .whether it is a fit case for quashing my name from fir and is there any possibility to get quashed my name.
2.will i have state yes in the column of attestation form asking whether i have been prosecuted?
Rama Devi
31 January 2020 at 19:58
Dear Experts, Namaste. I need some clarification. Plz. suggest me.
Mr Babu Rao ( staying at Hyderabad) has given an amount on promissory note to Jagan Mohan( Staying at Bangalore) as hand loan. Baburao Bank Account is in Hyderabad. Towards clearing his loan amount, Jagan Mohan has issued a cheuqe to Baburao.( Jagan Mohan Bank Account is at Bangalore) In turn Baburao has presented the said cheque at Pune Branch, while he was on tour, for realization of the cheque amount The said cheque was returned by Jagan Mohan Bank and the same was sent along with Bank Memo to Baburao Bank, which is at Hyderabad.
Now If Baburao wants to file a Section 138 Case, where is the jurisdiction point. Since now all banks are having on-line facility, any cheque can be presented any where.
Plz. suggest me.
Anonymous
30 January 2020 at 23:14
We have filed case under section 138 of NI act against one party but by mistake cheque no was mentioned wrong in demand notice and complaint copy. In this situation does case under section 138 is maintainable or not ?? Can it be considered as a typographic mistake ? What remedies available to maintain the case ?
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About filing complaint before the department of justice doj
Respected Experts,
Hon'ble judge is delaying preliminary inquiry pursuant of my Application U/s.340 (1) of Cr. P. C.with the effect would be Accused protected almost laps of 2 years. Therefore I want file complaint before Department of Justice, Hon'ble Bombay High Court.
Kindly inform me the address of the office of the Department of Justice (DOJ)
Yours Truly