Ladhu Ram Chowdhary
22 June 2011 at 06:28
2. Whether property found on person of, or in the wearing of, an arrested person should be entered in seizure memo in every eventuality and what steps are required to be takesn for safe custody of such items ?
Anonymous
22 June 2011 at 01:02
Hi frens need case logs to oppose this bail.the victim will stand all alone to oppose bail ,Advocates for genuine cause please help the victim.....
Challenge in this revision by mother Chitali Ghosh(A2) and her son Shivalik Ghosh(A1), is to their summoning dated 24.1.2011 in criminal case no. 771 of 2011,State Vs Shivalik Ghosh and another, relating to crime no. 32 of 2010, for offences under Sections 323, 328, 376 I.P.C., P.S. Mahila Thana, Sector 32, NOIDA, District G.B. Nagar by A.C.J.M.-I, G.B. Nagar.
A glimpse of background facts, as are perceptible from the affidavit of Shivalik Ghosh filed in support of this revision, counter affidavit and rejoinder affidavits are that on 3.12.2010 at 12.45 p.m., victim-informant $#### @@@@ (R2) lodged an FIR at P.S. Mahila Thana NOIDA, G.B. Nagar as crime no. 32 of 2010 U/Ss 323, 328, 376 I.P.C. vide annexure no. 1 to the affidavit alleging therein that informant is a resident of H-137, Sector 32, NOIDA and was employed in a Software Company. In the month of August, 2010 while surfing on internet on Jeewan Sathi.Com she developed acquaintance with A1revisionist Shivalik Ghosh, resident of Maipal Krishna Apartment, I-1305, Shushant Lok, C-Block, Gurgaon, who was working with Hero Honda Private Ltd., Dharo Heda, Jaipur Road. On the faithful date 18.8.2010, A1 picked up R-2 from her company and carried her to Gurgaon where, he dissolved some intoxication in her cold drink and when R2 lost her senses that A1 outraged her modesty by raping her. After regaining consciousness, R2 resisted sexual assault on her but was pacified on a false deceitful assurance of solemnizing marriage with her. Taking advantage of the situation A1 started often visiting victim's abode and indulge in carnal intercourse both at NOIDA and Gurgaon and he continued to assure R2 regarding false promise of solemnizing marriage. Having some apprehension R2 demanded telephone number of A2 which was given to her by A1 after repeated insistence. Mother of R2 also conversed with A2 who did not object to tying up nuptial knot between A1 and R2 but postponed it for two years. When victim R2 telephoned A2 then also no objection was shown to the tying of knots by A2 and therefore, R2 being assured of marriage continued to succumb to the lustrous overtures of A1 and physical sexual contact between A1 and R2 continued. Cheating and deceiving R2 revisionist A1 even took loan of Rs. 50,000/- from her which was not paid back till the date of lodging of FIR by R2.In telephonic conversation between R2 and A2, on 1.9.2010, she was informed that Rs. 15 lacs loan is due on A1 and marriage between them shall be solemnized only after the said money is paid by the victim. When informed about physical relationship A2 replied that in between opposite sexes it not very unethical and is a normal conduct. On 13.9.2010,A1 consented to tie knots with R 2 in the presence of one Deepak but informed R 2 that details shall be finalized on arrival of A2 following day. R2 accompanied A1 to the airport to receive A2 but there, she was assaulted. A2 separated A1 from R2 who also refused to marry R2. Since R2 was deceived and cheated and her most precious honour was robbed off by A1 in conspiracy and connivance with A2 that victim R2 was left with no other option and hence she approached the police and lodged her FIR annexure 1 at PS Mahila Thana, Sector 32 NOIDA, district G.B. Nagar.
After registration of the crime investigation ensued and I.O. recorded statements of the victim and her mother,filed cumulatively as annexure no.4 and finally concluding investigation charge sheeted revisionist on 11.1.11, for offences U/Ss 323,328,376 IPC vide annexure no. 7.
pratik
22 June 2011 at 00:30
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, --
(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) If it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:
Provided that where such offence-
(i) Was against any law relating to a matter to which the executive power of the Union extends, or
(ii) Was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) Involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) Was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
Question: So what do u mean by (If it is made before a charge has been framed) & (If it is made after a charge has been framed) & can we say that the last para """
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
Question: So if the prosecutor is not appoint by the central govt than unless he has taken the permission or the central govt gives the permission to leave the case he/she shall not withdraw himself for the case. & What if the state government appoints than whether permission if required or not?
Whether it is applicable to the additional & assistant public prosecutor also?
Anonymous
22 June 2011 at 00:25
Assistant Public Prosecutors
Additional Public Prosecutors
Public Prosecutors
Do the above mentioned has the pecuniary limit to fight a case in the court.
Who is greater than whom?
Which Prosecutor can plead in which court ?
Anonymous
21 June 2011 at 22:45
R/LCI Members
i want to know Essential commodities act is baiolable or non bailabl;e in Haryana,kindly advice.Regards
Ladhu Ram Chowdhary
21 June 2011 at 22:16
1. What procedural aspects are to be kept in view while dealing with property seized u/s. 102 Cr.P.C. and seizure is reported to a Magistrate ?
A vehicle bearing some registration number is seized by Police Officer u/s. 102 Cr.P.C. and seizure is reported to the Magistrate concerned without naming the registered owner. Whether that Magistrate should issue proclamation u/s. 457 (2) only or should hold enquiry about registered owner. Whether Police Officer himself should have held inquiry about owner/registered owner before reporting seizure to the Magistrate ? Can such property be sold through auction as an interim measure without making any effort for finding our its owner ?
dev kapoor
21 June 2011 at 20:34
Under what circumstance a Court can refuse to issue process in a complaint lodged by a private person (not a Court)w.r.t forging a deed by an individual & use it for cheating,misappropriation or breach of trust etc? Please cite some decided cases or illustrations in order make me understand the scope of the provision.
Thanks & warm regards.
Ladhu Ram Chowdhary
21 June 2011 at 17:14
7. What is protection against unnecessary restraint as provided in section 49 of Cr.P.C. and what is the procedure for permitting more than usual restraint (e.g. permission to handcuff etc.) ?
Ladhu Ram Chowdhary
21 June 2011 at 17:13
6. What conditions may be considered as onerous so as to constitute clog on bail.
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forged ppty documents &applicability of limitation act
A tresspasser[widow] is occupying residencial premises for last 3yrs. it has come to to the notice that she had applied for loan under govt scheme where in she created a forged document of L & L[commercial] & submitted to the bank,the copy is obtained by the owner about yr back but could not initiate action because of old age[85] & ilness.
Is it possible to iniciate criminal proceedings now ? or is it passed LIMITATION ACT ?