Anonymous
15 July 2011 at 18:34
Hello,
the DI has filed FIR on 12 people under drug and cosmetic act 1940 section 28 (b) and ipc 420,417.its non bailable offence :(. ps: no NDPS act is involved
9 ppl r arrested and 3 r on ANticilatory bail.
10 days back the police said that the accused has given during investigation my name also.
my name is no where in FIR.also they dont have any direct proof of my involvement.i am trying for anticipatory bail.
the accused r in custody since 50 days.now my question are(in case my bail is rejected and after i surrender)
1) say after 90 days the chargesheet is not filed then the accused( who r already in custody 2 months prior to me) r eligible to be released on bail,will i also be eligible for bail with them even if i have not spent 90 days in custody since we all r involved in same case.
2)before 90 days say one of the main accused secures bail can i ask for the similar treatment from sessions court.
please help my a-bail hearing is tommorrow.
Kind regards.
raghavendra
15 July 2011 at 18:16
sir ,
my adjusant house owner while constructing the building in his land he encroached my 2 feet land and constructed the house illegally , after 3 years now i come to know about the illegal encroachment , now i decided to file suit for mandatory injunction and possession ,
instead of this can i file criminal case like illegal trespass,
inspite of this my adjusant land onwer running cashew factory due to his wasteage i am getting difficulties can i file criminal or civil case agasinst this nuisance ,
if yes what are the provisions under which AActs i have to file
Manoj Deka
15 July 2011 at 18:06
Dear Sir,
Can we speak to police that even-though a complaint is lodged U/S 498A that I am innocent and you should send us a notice under section 41A and as the punishment is up to 3 (Three) years so you cant arrest me and my familly.
Please throw some light on it
Thanking you in anticaption
Anonymous
15 July 2011 at 17:57
My client got acquitted in a criminal case. His bail amount was Rs.45000. Now how to retrieve this amount back? Will the court give the money back by cheque or cash? Will the payment will be in my Client's name?
Vishwanath
15 July 2011 at 17:22
Sir,
Can an FIR be quashed by the Hon'ble High Court in a case where it's been 15 months since the FIR and chargesheet not having been filed. Kindly advise
Regards,
Vishwanath
Anonymous
15 July 2011 at 16:17
Guidelines given by the Supreme Court of India for closure of evidence in criminal cases.
At what stage the closure of evidence petition can be filed. I need full information of closure of evidence petition.
Kindly help me out as i am helping my brother in some criminal case but the above points are new to me.
do help me .
Anonymous
15 July 2011 at 16:14
311. Power to summon material witness, or examine person present.
Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
Question: can we say that this section is only applicable to the criminal cases only because the [[[[under this Code]]]]]] is given.
Also we all know that we have to submitted the list of the witness that we have which will be chief examine or cross examine by the Prosecutor. But as we have not add the name under the list of any witness & we want to summons him as the witness at a later stage than can we go through section 311 of the crpc or any other section we have to file a application. I think yes because the words [[[[[[summon any person it’s a witness]]]]]]].
Also want do u mean by material witness.
Anonymous
15 July 2011 at 16:07
Sir,
Please clarify the following points:-
1. In an accident case under Sec.279/304-A is settled by paying compensation to the victim's family and after completion of all due formalities the Court pronounce the judgement, in that case whether the case can victim's family side may again re-open the case by submitting any kind of plea or it is permanently settled once for all and no appeal lies in any court in India. Your detailed view is requested. Thanks
Anonymous
15 July 2011 at 16:02
Petition for closure of evidence? So if after filing the petition for closure of evidence if any evidence comes to the notice of the defence or PP or the court can that evidence will be considered?
After what stage the closure of evidence petition is filled? After the closure of the witness petition or before that?
My friend said that after the chief & cross examine for both the side defence & Prosecution than only closure peititon can be filed.
any case if any give here pls.
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Charge Sheet filing issue.
My opinion is concern & the other LD members opinion & answer are concern section 468 of the crpc, 1973 is applicable for filing the charge sheet but what if the offence is punishable more than 3 years as given under section 468(1)(c) than whay will be the time limit ? If any judgment then do pls post it here. I request to post as many judgment on the subject of time limit of filing the charges sheet in the court.
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
thanks to all.