Anonymous
14 June 2011 at 03:17
498a/406/34 IPC has been filed against me and my family members. D.V case going on for last 2 years. No interim maintenance provided by both the magistrates. As, the case got transferred interim maintenance arguments happened twice. As, her case is weak and her advocate is delaying the proceedings. It took him 3dates/ 6months to file evidence by the way of affidavit. Then, also he did not submit annexure in the court nor did he gave those to the respondents intentionally. Now, On next date of hearing I have decided to forward an application in the court regarding the conduct of the petitioner and her lawyer. Am I doing right?
What are the remedies available at this stage of the criminal case as the FIR was lodged 10months back but I got to know about it now only. As, she mentioned in her affidavit that an FIR has been registered. Neither she mentioned the date nor the FIR number because his lawyer is earning by playing tricks and amusing her by his tricks. I got the copy of the FIR from the office of the DCP as the IO refused to give the copy.
Should I go for quash of FIR in the high court immediately or shall I wait for few more months to do so?
Or I should wait for the IO to file charge sheet and opt for discharge in the trial court.
I do have a session court orders mentioning that police can’t arrest anyone of us without giving 3working days notice in the above mentioned sections.
Can you tell me about the procedure in a criminal case?
1 FIR 2? 3? 4? 5? 6? final-> accused/ discharged
Anonymous
13 June 2011 at 19:59
In 2006 i was booked under IPC 420 & 471 for having 2 PP. After i came out on bail the judge said me to come back when i receive summon from court. I received summon in 2009. After 3-4 visits examination has been done. Now its 18 months i am just visiting and getting date after date, its 9th time i will be going to court after examination. Till now there is no one coming on the given dates from PS. My lawyer say he cant do anything unless they come in court.
Both of my PP are in court.
My Queries are :
1. How long its going to take, any time limit?
2. Is there anything i lawyer can do about speeding up things?
3. Please advise as i am facing lot of problems in my life.
Anonymous
13 June 2011 at 18:57
Hi Expert,
My father is in JC in a case since last 9 months. He wants that he should be present in the Delhi High Court during his case hearing.
1.) Is there any law,any rule of CRPC which says that the person in JC can be present in court? If yes then what are the procedures.
2.) Can he also argue on his case in High Court as well?
gopal dutt vyas
13 June 2011 at 17:47
an employee of government ignored directions issued by employer through general circulars for employees. can he be prosecuted in court of law ,treating this misconduct as criminal offense ? if yes, under which act or code ?
Anonymous
13 June 2011 at 17:00
Dear sir,
My wife was residing At Airoli , New Mumbai,
I myself residing Thane.
She changed residence just before the case filled by her to some area in thane
case she has filled from thane residence. and mentioned clearly that cause of action arise undeer the jurisdiction of vartak nagar. thane where she is residing after changing the address .
but originally till case filling she was the resident of New mumbai.
Q. is the case comes under the jurisdiction of thane or she suppose to file the matter in New Mumbai court?
Anonymous
13 June 2011 at 16:30
Opinion are welcomed. If possible support the answer with the case law .
1) POTA & TADA which act is in force & which has been repealed.
2) If POTA is in force than
Question:
1) Sub Section 6 To 9 says about interim bail or anticipatory bail?
2) Sub Section 5 has the overriding effect on section 438 of the crpc, 1973. SO can we say that POTA, 2002 is special act & crpc, 1973 is a general act.
Because many provision under the Crpc is supresed
Prevention of Terrorism Act, 2002
Section 49 (5) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act.
(6) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the Court gives the Public Prosecutor an opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to release on bail, no person accused of an offence punishable under this Act or any rule made thereunder shall be released on bail until the Court is satisfied that there are grounds for believing that he is not guilty of committing such offence: Provided that after the expiry of a period of one year from the date of detention of the accused for an offence under this Act, the provisions of sub- section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub- sections (6) and (7) are in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(9) Notwithstanding anything contained in sub- sections (6), (7) and (8), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except i very exceptional circumstances and for reasons to be recorded in writing.
In Short can we say that POTA is a special law & Crpc is not?
Thanks
Anonymous
13 June 2011 at 15:51
What are the main effects of the amendments which are made in the Cr.PC in the year 2008?
Anonymous
13 June 2011 at 13:30
My brother has been falsely accused by one of his old friend that he raped her. The girl had been harassing my family to marry my brother to her but he married another girl because he never committed anything to her. Now after his marriage she has filed a false 376 non-bailable rape charge before the magistrate.We are being threatened by her that she has provided a medical certificate( which is false because my brother never had such relations with her).
The girl is taking unfair advantage of the gender bias and emotional sympathy of authorities.In terms of evidence she has provided medical certificate from 4 yrs back showing nursing home visits and taking contraceptive pills, casual( no- intimate or personal) pictures). She has also filed false charges on my family under codes 120 ( criminal conspiracy against her),506 ( threats to kill her), 164( that they stole 4 lakh from her suitcase) and that she was actually beaten up by my parents. The other 3 charges 120, 506, 164 that she has filed she has mentioned happened last month but false rape charges are filed under years 2006, 2007 .My brother has been taken into custody( jail) and we need advice on the following:
1. With the courts being closed currently,how can my brother get bail before the courts open? What are my brother's bail options and probability.Does closing of courts mean he has to stay in jail until the courts open again?
2. Can we press charges on the girl(like defamation of family, affect on my brother's career, threats to my brother's wife) to make our case strong?
3.Before hiring a criminal lawyer for our case what all should we look for? ( like previous experience/courts where practicing etc).
4. Can we hire a lawyer who is a member of lawyersclubindia group?
Please guide. Thanks for your expert advice.
Anonymous
13 June 2011 at 08:12
Dear experts
Long live and god bless you all, for the kind of service which you are providing to the indians.
I wud like to ask one question that the compact disc containing voice recordings were provided to me. but the agency did not translate the whole conversation only part of it has been translated and shown in the transcriuption. Can it be challenged in court when the matter is under order on charge. the case is listed for order on charge. If so under what cr.p.c. Since this being a evidence the judge says it can be heard only on evidence thazt is during evidence not during order on charge.
Basically our case relaed to four accused. In which three accused spoke to the complainanat dirctly. And one private person is being posed as Govt employee.
A B C D are four accused in Charge sheet. Complainant mentions the name of C and D in the complaint. FIR names B and C. Charge sheet names ABCD. A poses B as D and B impersonated himself as D.
The exculpatory statement agiven by D itself proves his innocence. which the cbi outbrushes.
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maintainability of Regular Bail application
An application for juvenile declaration is pending before judicial magistrate.Regular Bail application is pending before session judge under section 339 crpc and the chief judicial magistrate already rejected. Is the Bail application maintainable or not?