Anonymous
14 July 2011 at 13:06
What is the difference between FIR and a complaint by a private party?My case was dismissed by the chief judicial magistrate under CrPC 203.But I am not clear if the case was lodged on the basis of it was FIR or a complaint.The case was shown to be as ABC vs XYZ and state was NOT shown as a party to it.plz help!
manish
14 July 2011 at 08:24
Dear sir
I am manish agrawal fro nashik 3 sall pahle internet per jabalpur k ek poolicewale se dosti hone k baad uski bahan banglore padhai karne ja rahi thi to unhone kaha ki hum gareeb hai aap meri bahan jiska naam priyanka awasthy hai usko padhai k liye madad kijiye maine 2 sall uske account me paise bhare jab mujhe pata chala ki internet par dono bahan-bhai milkar logo ko fansa rahe hai to maine nashik cybercrime me report kar di is bich ashutosh awasthy nam ka ye jabalpur ka poolice wala banglore gaya or waha k j.b nagar poolice station me mere against jhooti complaint likhwakar waha k 3 poolicewale 1)sub inspector moneshwar2)mr.abhyankar 3)mr.reddy inko manage karwakar 26-05-2011 ko nashik lekar aaya muje jabran poolicewale uthakar banglore le gaye or jabardasti jail me bundh kar diya gaya doosare din ashutosh awasthy waha pahucha or muje mar pitkar dara dhamkakar likhwaya gaya ki maine priyanka awasthy k account me jo paise bhare the wo mujhe mil gaye me in logo ko phone karke kabhi tang nahi karunga or nashik me di hui sari complaint wapas le raha hu.jab poolice wale hi chor bun jayenge to des ki janta kiske pass jayengi or to or inquiry k liye mera laptop jabt kar liya gaya tha or 50,000 r.s me lekar gaya tha wo rakh liye gaye.aisa kyo kiya gaya mujhe pata nahi badme mujhe chod diya gaya wah re wah kya banglore commissionar sahab meri yah complaint par dhyan denge?in corrupted poolice officer par karwai hongi?mere pass sare prroof hai
mujhe sahi guidlines ki jaroorat hai plz help me
Advocate Vasundhara
14 July 2011 at 07:47
In a criminal case of my client, First IO investigated the entire case, collected all the evidences, recorded witness statements etc. Then he got transfered and now retired. Now he is settled in USA. In the meantime second IO took over the case and just filed the Final Chargesheet in court.
The first IO never ever came to court for chief examination. So the second IO deposed in court and gave evidence. He exhibited all the evidences, which were actually procured and investigated by first IO.
I did not object, when it was exhibited and marked. Now the case is at stage of cross examination of the second IO.
Sir/Madam, My question is
1. How can the second IO, who never know anything about the evidences collected by first IO, depose before judge and give evidence about them?
2. In cross examination of the second IO, How can I ask specific questions about those evidences to him?
Also: What should I do?
1. File objection petition now, ie before the cross examination of second IO.
2. File objection petition during the cross examination of the second IO.
3. Dont file objection petition, just bring the issue during the cross exam of the second IO and prove it to judge that the second IO should not have exhibited the documents not collected by him. And request the judge to de-exhibit those documents.
4. Or just go ahead as usual, and in the final defense argument, raise this issue and ask for aquittal of my client because it is a mistrail?
Anonymous
13 July 2011 at 19:52
Courts have drawn a distinction between fines that are compensatory in nature & those are penal in nature.
Some case are required. under Income Tax Act, 1961 & Criminal Procedure Code, 1973.
anantha madhav
13 July 2011 at 18:37
Dear Forum Members,
Vigilance complaint can be given against a retired Government employee U/s 10 of Prevention of Corruption Act.
Valuable Advices by Forum please
Advocate Vasundhara
13 July 2011 at 16:09
Sir/Madam,
Can you please relavant citations for Section 45A:
INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
Anonymous
13 July 2011 at 15:59
Section 216 of the crpc
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case the court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the court to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary.
What does the above want to say also the meaning of prejudice? becasue i am also confused between meaning of prejudice & without prejudice.
Thanks
Anonymous
13 July 2011 at 15:12
This is Shiva Prasad from hyderabad,a false 498A and DVC case was filed against me. I have sent RTI Application to my father in law organization asking about what action will be taken for giving dowry by the govt employee? After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against rule CrPC 161. After that I had filed reply to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that I got following answers from my father in law organization.
MY FL states in his reply to the memo issued by organization he has not given any dowry during the marriage,Further ,being govt servant I am aware about ccs conduct rules and not violated any of the provisions in said rules.... FL says in his statement to settle personal scores with him i'm shooting RTI .....can any one please suggest can FILE cheating cases based on this...
1. In 498a and DVC cases and in his FIR statement he has mentioned that he has given dowry and kept our whole family behind bars.can any please suggest any possibility to file cheatingor fraud or any other case on him???plz help
Ajay Kumar Reddy
13 July 2011 at 14:57
In my case 498A is on malicious ground because when she and her parents got Jamanti warrant on IPC 406 then she applied for the 498A case on me and my parents. So I need urgently required citation in which 498A case is done on malicious ground. Please treat as urgent because it is in last stage i.e. final argument.
Ajay Reddy
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Are all crime numbers -FIR no,?
Do we have crime number for a case for which FIR (under CrPC 154) has not been registered say for a non cognizable offence?