Anonymous
01 August 2011 at 16:59
Ld counsels,
Accused is willing to go for quashing criminal proceedings. he is aggrieved with a related order of the high court for which an appeal is pending before the SC.
Can the accused file a quash petition before HC and get the stay of crl. case until final disposal of appeal by SC and then proceed with the quash.
The appeal before SC will help him prove that case is malafide and a finding is awaited. At this juncture can HC stay the proceedings. For last one year no witnees had been examined there is only adjournment.
Please clarify.
Anonymous
01 August 2011 at 16:38
summon server went to my permanent address then he returned delhi after getting information that iam in delhi now .
finally today i queried him regarding summon . he telephonically informed me that summon was on my name and my permanent address and he told that was during the year i worked in a govt hospital . he told nothing was mentioned other than this . and no mlc number was mentioned there .
he informed me the date , time , name of court , name of magistrate & room no where i have to appear on that day . he didnt issued me summon by hand . also he told he dont know anything , he told me to apper in court and ask n clarify yourself becoz i got date for you and sent summon by post to concerned court , summon will be with that magistrate .
summon server told explain this and tell them that u was informed telephonically and you dont know what written in the summon , to magistrate they will guide you .
kindly guide me here .
1. i didnt received my copy of summon issued by court by hand .
2. informed telephonically by summon server regarding date , time , court name , magistrate name & room no .
3. dont know whether it was regarding any complaint or regarding ant mlc / or any case attended by me during duty in that hospital
4. if it is regarding mlc i need to read the case and check for mlc number and my handwritting and signature .
5. any i will be appearing in that particular date n time in that court room before magistrate and i will explain them all these matter and request them let me see summon issued to me . and if mlc kindly let me see copy of mlc case copy in order to identify if i t was made my me .
what to do ? kindly guide me i was given 18 aug date .
thanks in advance .
Anonymous
01 August 2011 at 16:28
How the court jurtisdiction of the cheque bounced case is determined. For example, cheque issued by bank in branch in city X and then presented in the City Y of the same bank.
Anonymous
01 August 2011 at 14:22
S.437 A of Cr.p.c. which was inserted by amendment act of 2008 has taken away a discretion available u/s 441(3)of Cr.P.c. to the courts till then.
The effect of the amended provision is that the courts have to mandatorily obtain a bond with surety from a person whether he is convicted or acquitted. This has created a lacuna e.g.
If a person is accused of a bailable offence the courts have discretion to release him on bond without surety in view of proviso to S.436(1) of Cr.P.c.
Similarly if a persons is accused of a non bailable offence yet the court has discretion to release him on bond without surety in view of S.437 (2) of Cr.p.C.
Further in view of S.445 Cr.p.c. courts have a discretion to release a person can be released on deposit of money without executing a bond with or without surety.
Now in all the above three cases such a person after the trial whether convicted or acquitted has to execute bond with surety and the court does not have discretion to waive surety.
Is it not a lacuna? whereas a person had freedom to face trial without a surety, he has to furnish a surety after acquittal.
Can 437A be harmonised with the other sections referred to by me???
Anonymous
01 August 2011 at 14:20
ld members if statements of people recorded u/s 161 are of no use at all save in inquiry or trial.then for what purpose it is made.
Anonymous
01 August 2011 at 11:30
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Some third person Z complaint to police that X (Female) BC certificate is invalid, inquiry conducted by Police and police gave their views that register FIR againt Female father and sent file to DA(Legal).
What Can we do now ?
Anonymous
01 August 2011 at 02:17
Dear Members
I have query on DP3. If DP3 is applicable in Delhi. If yes, kindly provide me some of the judgements which will help me fighting false 498a case.
Thanks
Anonymous
31 July 2011 at 23:39
Dear Respected Sir/Madam,
I am a Soft. engg. and my parents - Father is a handicapped, diabetic person having age 65yrs old and mother is a arthritic patient of age 63 yrs old.
A fabricated criminal cases are filed on my parents and me on the basis of obtaining non- govt. hospital certificates on support of pune police commissioner. The following people/authorities are involved in these fabricated cases- Pune Judges, Police Commissioner, Lilla Poonawalla, My brother-in-law, Sister, my in-laws and others.
As above people has made crimes/ misused their authorities/powers, the top authorities also supporting them to hide their crimes and trying to finish us.
The main intention behind these cases are- 1. To grab the property (My brother in law)
2. To pressurize under these cases to continue family life with infertile daughter (My in-laws)
3. To recover dues of society which I am not liable to pay legally. (Society) Already my 7 lawyers are managed by the above people. We desperately need the honest, trustworthy, criminal lawyer who can fight our cases and give us a justice. We want to file a writ petition in the high court, mumbai. Is there any lawyer who is ready to take our case? Who Can help us to get the justice?
We desperately in search of lawyer who dares to handle such cases.
Eagerly waiting for the your reply.
Thanks and regards.
Anonymous
31 July 2011 at 22:58
By virtue of section 3 of the Code of Criminal Procedure (Maharashtra Amendment) Act, 1960 i.e. Maharashtra Act No.XXII of 1960 Section 324, IPC was made non-bailable. It was published in Maha. Gazzette dt 25th October 1960. I am not sure about the date of effect to said amendment.Hence, in many districts it is treated as Non-bailable even before the Cr.P.C. amendment 2005.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Proof of bodily injury
Madam/Sir,
Came across a unique case and needed some inputs, with citations if possible.
In this case the place of occurrence was visited, seizure of material objects made, seizure memos drawn up and signed, and ONLY THEN the FIR was filed and the case endorsed to the I.O. (the same officer who visited the spot and made seizures). I.O. has tried to show that FIR was first filed and only thereafter he visited the p.o. and made seizure. But from depositions of P.W's it is clear that this is an attempt at a cover up.
So what are the legal implications of the seizures being made before FIR and also before the case was endorsed to the I.O.?
Second, the Medical Officer who examined the victims have not been called as P.W. and therefore has not deposed in Court.
In such a case, can it be said that the medical injury report and therefore the bodily injury itself have not been proved??
Hoping for a quick reply, and thank you in advance for your valuable time.