Anonymous
22 June 2011 at 19:59
Maharashtra Control of Organised Crime Act, 1999.
23. Cognizance of, and investigation into, an offence.
(1) Notwithstanding anything contained in the Code
(a) no information about the commission of an offence of organised crime under this Act, shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police;
(b) no investigation of an offence under the provisions of this Act shall be carried our by a police officer below the rank of the Deputy Superintendent of Police.
(2) NO Special Court shall take cognizance of any offence under this Act without the precious, sanction of the police officer not below the rank of Additional Director General of Police.
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
25. Overriding effect.
The provisions of this Act or any rule made there under or any order made under any such rule shall, have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having the force of law.
Question: Section 23 (1)(a) of the MCOCA act, 1999 override's section 154 (1) of the crpc, 1973.
Which one is special act in this i think MCOCA because of section 25?
Thanks.
Anonymous
22 June 2011 at 18:51
A) If the convicted runs form the judicial custody or jail then a judge can give him a punishment of hand till death. In short capital punishment.
B) As apex court in many cases held that in spite the fact that anticipatory bail is not available in many states but still high court can grant anticipatory bail by using inherent powers. Apex court said this thing in regard of uttar pradesh where anticipatory bail provision is not available.
Form the above 2 point's case required (case law).
Anonymous
22 June 2011 at 18:47
P.P., ADDl.P.P. Are appointed by the statement government ruling party through home department and district collector. They are individual persons they are not government servants and their terms are for certain period till the government ruling (i.e. max 5 years=no bar to extend further) they have no pension after their term. They appointed to conduct cases in Assistant sessions court, Additional sessions court, District Session court, Fast track court, special courts(specially appointed or in charge of ), They claiming fees from government for the hours in criminal cases.
Section 25 or 24 has not stated that ********************** They are individual persons they are not government servants and their terms are for certain period till the government ruling (i.e. max 5 years=no bar to extend further) they have no pension after their term. They claiming fees from government for the hours in criminal cases.
**************
So where this information is any idea give me the link.
I want more information of PP, ADDL. P.P. & Asst P.P. which book (author), site , artilce notes to be perferd to know the powers , duities, repsonsibility each & every thing of them.
becuase i want to be a PP.
help a student.
Anonymous
22 June 2011 at 17:41
I am the Complainant.The Accused company has only two Directors. 138 (N.I.Act)notice was served on the Company being Accused no. 1 and on one of the Directors being Accused no.2.The said notice was not served on the second director of the Company.After filing of the Complaint the Accused no. 2 expired. Thereafter, the Accused's Advocate filed an Abatement Application.
KINDLY SUGGEST REMEDY FOR THE COMPLAINANT?
Anonymous
22 June 2011 at 16:08
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]]]]]]].
Mukul Kr. Singh
22 June 2011 at 16:03
Hi, is there any way that the murder done through Black Magic can be proved in the court.What is the way to prove the same in the court and what section will be applicable on such murder.Please suggest.Many Thanks
Anonymous
22 June 2011 at 16:03
Heard about the case law that SC (Supreme Court) has given the guidelines form the Public Prosecutor there duities, responsibility & powers they have there are almost 8 case. Any body have the give me in this forum.
Anonymous
22 June 2011 at 15:55
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2009
CORAM:
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR
CRL.O.P.No.10719 of 2009
and
M.P.Nos.1 and 2 of 2009
1.Murali
2.Visalam
3.P.Bhanumathi .. Petitioners
Vs.
State Represented by its
Inspector of Police
W1 Police Station
Thousandlights
Chennai
(Cr.No.4 of 2007) .. Respondent
Point 5
5. The learned counsel for the petitioners contends that the learned Chief Metropolitan Magistrate did not properly consider the scope of the power of the court under Section 311 Cr.P.C and that the court below has erroneously dismissed the petition with an observation that such petition could not be filed for filling up lacuna. It is the further contention of the learned counsel for the petitioners that the petitioners facing criminal charges, should be given reasonable opportunity to put-forth their defence and that cross-examining the prosecution witnesses with reference to the documents which came into the hands of the accused subsequent to the examination of the prosecution witnesses would help the accused persons very much in establishing their innocence; that the prosecution witnesses could not be cross-examined with reference to such documents as they were not readily available with the petitioners at the time of examination of P.Ws.1 to 4 before the trial court and that when they were able to get those documents, they approached the trial court under Section 311 in vain to get an order recalling P.Ws.1 to 4 so that they could be cross-examined with reference to the documents sought to be relied on by the petitioners to prove their innocence.
Question: What proof can we demand for the learned counsel that during the trial in the trial court he was not having the documents which he has know? [[[[[[[[[[[[[[[[[[[as they were not readily available with the petitioners at the time of examination of P.Ws.1 to 4 before the trial court.]]]]]]]]]] Also what does material witness means?
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.
Anonymous
22 June 2011 at 15:01
Sir,
I urgently need the text of a citation:
Dhoolchand v. The State 1957 Cri LJ 233 (Raj)
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Special PP.
Difference between special public prosecutor & public prosecutor? There powers, duities & responsibility. Can we say that special public prosecutor is over & above the public prosecutor?
Books or site required to learn more about there duities, responsibility, powers .