Anonymous
24 June 2011 at 20:51
Respected Members,
the police lodged FIR against my client under sections 9, 39, 40, 44, 49(b), 49(c), 50, 51 WILD LIFE (PROTECTION) ACT, 1972 read with section 379 of IPC and produced before the Magistrate, he is in Judicial Custody.
let me know Citations supporting me.
regards
vvmaruthiprasad
24 June 2011 at 20:24
will a person filed for accident case under 337 be uneligible for GOVT jobs
Anonymous
24 June 2011 at 19:34
204. Issue of process.
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
(a) a summons- case, he shall issue his summons for the attendance of the accused, or
(b) a warrant- case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear
at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
Question: Issue a summons in summons case or a warrant in warrant case. So what is the difference between the issue of summons & warrant? Is there any difference between them? As if summons issued to any one than he/she has to appear before the court & also if warrant is issued he/she has to appear before the court so what is the difference in it? Can we say the vice versa can be issued that in a summons case a warrant can be issued & if in a warrant case summons can be issued why we cant issue as both the meaning & process are same?
Anonymous
24 June 2011 at 19:32
If you have not been declared a "PO" (proclaimed offender ) then you can apply for Anticipatory Bail. So if the person is declared PO than AB or interim bail will not be granted nor interim bail, during the bail (Anticipatory or interim) the presence of the accused is must I the court.
After what period of time a accused is declared a PO ( "proclaimed offender")
Dr G V Rao
24 June 2011 at 19:01
Dear Friends,
I was the DNA expert in the Black Buck Case or the salman khan case of Jodhpur Court. I need your help to know the progress in the case since i was never summoned and would like to know whether the DNA findings were considered or not. Please update me. Thanks.
Anonymous
24 June 2011 at 18:48
i need exact citation for cancellaltion of ABA granted by HC without hearing the complainant and not application of mind . respondants are enjoying liberty at my cost without cooperating to police in investigation.
Anonymous
24 June 2011 at 17:36
hello sir,my uncle is working in dubai last 6 years..now he want to come back..actually some family problem,my relatiops complaints against him for his duplicate passport..he dont know about this duplicate passport when he went to dubai..3 years before only he knows because of the police enquiry..his family situation he didnt come last 3 years..now he want to come back..now i am here asking,what is the precaution action i have to take before he is arrest in airport..what is the procedure t o grt jaamin for him..now waht i have to do protect him..please anyone help me..
Anonymous
24 June 2011 at 17:33
Section 200, 154 & 468.
if we apply section 154 of the crpc then section 200 & 154 of the crpc has no place right.
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.
1) If the charge sheet is filed after 1 year then the court cannot take the cognizance of an offence as per section 468 of the crpc. Because I think that court, shall take cognizance of an offence after the charge sheet is filed in the court? Because Sub section 2 of the section 468 says that if the offence is punishable by a imprisonment for a period of 1 year than the time for taking the cognizance of an offence should be a year or within the 1 year. & the accused can go for the quash of the FIR under section 482 of the crpc?
2) If the complainant makes the complain to the magistrate under section 200 of the crpc after the offence has been done & the complaint is given to the magistrate after the period of one year form the date of the offence which has been committed.( I.E.) one year has been gone when the offence has been done & after that the person complaint to the magistrate then the magistrate cannot take the cognizance of the offence as per the section 468 of the crpc ? Can the complainant can file the FIR after the period of one year has been lapsed when the offence is committed & if the FIR is registered than the charge sheet is admitted in the court then the magistrate can take the cognizance of the offence as per the section 468 of the crpc.Magistrate has the powers to say that as the FIR was registered too late as per the section 468 of the crpc then filling of the charge sheet doesn’t arise & the accused is being acquittal.
Thanks.
Anonymous
24 June 2011 at 17:23
1) Whether Photo identification is not admissible in the court? Even when we produce the negative of the photo’s with the photos?
2) Confession is generally used in criminal cases while admission is used in civil cases.
Case law on both the points.
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Negotiable Ins.Act(Amend. in Court fees)
I have filed complaint case U/s.138 N.I.Act,on the 7th April'2011 with court fees as was applicable then(the amendment with respect to court fees came in effect from 26/4/2011),now the case is heard on regd.& fixing for appropriate court fees.Whether I am to pay court fees as of dt.7/4/2011 when case is filed or when case is regd.i.e.after 26/4/2011 amend. if it is regd. after this date? What is the Legal position?