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Anonymous   31 May 2011 at 19:49

Assistance of filing quash petition in High Court

It has been stated in the private criminal complaint by the complainant that, myself and friend has cheated the flat owners as well as the complainant, based on the letter issued by our Flat Owners Welfare Association, with cooked up story of demand of Rs. 2 lakhs and threatening by our husbands at his office during the office hours and FIR has been booked against them under Section 419, 420, 469, 448 and 506 and 506 R/w 34 IPC., under concerned Police Station, Hyderabad.

The Complainant has filed a false complaint with sole intention to scuttle the ongoing legal process between him and flat owners before the State and National Consumer Commission and make the flat owners to come to a forced compromise.

Through our spouses we were forced to approach the A P Human Rights Commission. Our petition was accepted and notices were issued to the Dy. Commissioner of Police (West Zone), Hyderabad, in 2010. The concerned Inspector of Police (Investigating Officer), of the Police Station had submitted a biased report to the Hon’ble Commission.

Sir, the FIR was filed in July 2010, still under investigation and collection of evidences. Ten months having passed the complainant is unable to prove charges against us. It’s clear that, his allegations are false and baseless. The Investigating Officer of the Police Station has not provided to us the copy of the association letter mentioned in the criminal complaint filed. But, insisted and collected the evidences from us, which was submitted to the Officer in Sept. 2010. When asked for the acknowledgement he refused to give the same. Immediately, as proof of submission of evidences we were forced to sent emails to the Station House Officer of the Police Station, Asst. Commissioner Of Police, and Dy. Commissioner of Police (West Zone), Hyderabad. The same happened to us when our spouses submitted the evidences to the Investigating Officer in Jan 2011, along with their joint written statement. We immediately submitted the copies of the same to the Hon’ble Commission in person and to Dy. Commissioner of Police (West Zone), Hyderabad, as well as another copy to the Investigating Officer of the Police Station by speed post.

The report submitted to the Hon’ble Human Rights Commission show that, the official has been influenced. As it has been done without taking into consideration of our evidences and also without submitting evidences collected from the complainant and others, proving our allegations are false and baseless. In the name of collection of evidences the official is giving sufficient time to the complainant to buy the witnesses so that, the charge sheet to be filed can be in his favour.

None of the flat owners or other office bearers other than the present President our Flat Owners Welfare Association have the knowledge of such letter has been issued to the complainant as mentioned in the criminal complaint.

Our Present President being one of the office bearers in the Happy Homes Apartment Owners United Central Association which filed two Writ Petitions before the A P High Court related to the same issues which the our block flat owners fought for before the State Consumer Commission and aware of the State Consumer Commission orders which was in favour of the association and others. He is aware of the complainant pending First appeal before the National Consumer Commission, has accepted the awarded amount by the National Consumer Commission from the complainant, still intentionally issued a false and baseless letter to the complainant for his personal benefits. He has cheated the all the flat owners by denying the relief’s awarded by the State Consumer Commission, by not disbursing the awarded amount to the respondents in the National Consumer Case till this date, creating hurdles to the authorized person or others to appear before the National Commission on the date hearings.

As both the complainant and the President of our association have put us and the family to unnecessary harassment, mental agony and financial problems, as both have cheated the flat owners and defamed us intentionally they deserved to be booked under IPC sections of cheating, criminal intimidation, defamation, etc.

Our prayer is:

i. Quash the above mentioned criminal proceedings.
ii. Award suitable compensation for subjecting our innocent husbands to unnecessary harassment, mental agony, defamation and monetary loss.
iii. Punish the complainant, his accomplice who have foisted a false case against our husbands as per law and
iv. Other relief(s) as deem fit and proper in the case.

I need free legal assistance on the matter. Can I get the help from any of the experts and get proper reliefs?

vinod bansal   31 May 2011 at 18:01

mere matching of blood group is not conclusive proof

R/Members
Kindly provide me any citation in which Hon'ble courts held that mere matching of blood group (on clothes opr weapons etc)is not conclusive evidence.Thanx

rakesh gupta   31 May 2011 at 17:15

DEFAMATION CASE ON FAKE VULGAR LETTER.

SIR, I HAVE RECENTLY FACED A FAKE CRIMINAL CASE FILLED BY MY FELLOW LADIES WORKING WITH ME IN A GOVT. OFFICE. THEY PRODUCED A HANDWRITTEN VULGAR LETTER AGAINST THEM. THEY ALSO LINKED MY OFFICIAL DOCUMENTS ALONGWITH PRIVATE HANDWRITING EXPERT REPORT . DURING THE TRIAL THEY ALSO TRIED TO AGREED ME ON MUTUAL AGREEMENT AFTER PAYING HUGE AMOUNT ON DEMAND. BUT I REFUSED TO DO SO. I WANTED TO KNOW WHAT IS INDIAN LAW ON VULGAR LETTER? HOW SUMMONING IS CALLED BY COURT WITHOUT ANY INVESTIGATION OR FIR ? WHY HANDWRITING IS NOT CHECKED BY SOME GOVT. EXPERTS BEFORE SUMMONING? WHAT CAN I DO TO PROOVE MYSELF INNOCENT ? MY ADVOCATE HAS TAKEN TWENTY THOUSAND ONLY TO DEFEND ME BUT I WANT THE PROPER INVESTIGATION OF VULGAR LETTER AND GUILTY TO BE PUNISHED. MY ADVOCATE HAS ADVISED THAT THERE IS NO LAW TO ASK INVESTIGATION. IS IT TRUE? WHAT SHOULD I DO ? THANKS ... RAKESH KUMAR

Avinash   31 May 2011 at 13:40

case filing

Good Day,
I married in 2009 with a girl who is from the same place where I live.
After marriage problems started in between my mother and my wife as usual kitchen problems.
As I work out side India so as I leave India my wife used to go to her sister's/parents home so she lived most of the time aways from my home by making the issue that she don't want to live with my parents in my absence.
Few months before problem been so stretched that she went to her home promising me that she will come back after few days and thereafter she started refusing to live with me if I live with my parents and altogether she started threatning that she will file case against me and in laws.
So finall parents said me to live happily wherever we want and the we started living on rent in the same city.
Few things, which we actually don't need in my parents home like Bed,Almirah,Sofa,Washing Machine are still lying there because we don't have place to keep here and I don't want to bring all the one by one because it doesn't give good impact in society.
When my wife went to her home she taken her all gold/silver jewellery with her as its her's only but she taken without notifying anybody at home.
Now. here we stay on rent and away from parents, I usually go to meet my parents and she make fights on this.
And for this her parents do so much interference in our life that now my wife started fight/handeling/and abusing language here also.
Now my wife wants to go back to my parents home because her parents want it.
And my parents don't want to allow her untill her parents make promise that she will not do it again and will not threat as we have much more better status than them.
As we are living apart from my parents for 6-8months but I go usually to see them as they are my parents and I didn't have any bad words with them, Can my wife still file any case against them.
During this duration my parents didn't have any contact with my wife because she irrespected them.
So can you please suggest me any good way to sort out these issues and lead to a good life.
Thanks

Arvind Singh Chauhan   31 May 2011 at 08:13

FATE OF CASE PROPERTY

My client was being tried for possession of forest produce. Client claimed that forest produced belong to him, from the very beginning as from the stage of bail and produced the related documents. During trial he died.

Now case has been abated. His heir wants to claim the property. What is the procedure ? Whether abatement is also a disposal under Sec 452 Cr.P.C.?

Please provide the case law

Anonymous   31 May 2011 at 03:33

time for defence 498a

Hi

What husband received copy of chargesheet on first date of summon. How much times he normally receive to go through it and prepare his defence.

Anonymous   31 May 2011 at 01:05

AGAINST ANTI CORRUPTION

I went to police station near to me home for an issue and the Inspector asking me to pay 20000 Rs/ Is it a acceptable one?

Anonymous   31 May 2011 at 00:59

father lodged case of theft on daughter

Respected sir, my dad missed 4 of his cheques & out of which one of cheque amount of Rs 5000/- taken by my elder sister.about other cheques my sister doesnt know anything. my sis got arrested & dad felt bad, so he took her back by bail. now my mom and dad both are no more. my sis has 3 years old child. and she is pregnant too. & stays far from bandra court. section 380 & 420 is there.
is there any chance of case dismiss?? or any lawyer whom we can contact.? any way for one time sitting settlment?? please guide.

Anonymous   31 May 2011 at 00:23

Code Of Criminal Procedure,1973 and Indian Evidence Act,1872

I would like to ask that if the victim of crime gave statement during the course of investigation under section 161 Cr.P.C to police officer and then her statement is recorded under S.164 Cr.P.C and she also depose before the court in trial and the said statements are contrary to each other than what is the evidentiary value of the said statements.

Anonymous   30 May 2011 at 16:48

procedure of filing & operating suit-sec 420 and 406 ipc

Dear sir,
i have to file a case agst.my wife and her father for gold ornaments taken by them from my house excessive of FIR.
pls tell me in brief the process of filing case and operating till completion and what precautions i have to take care.
Thanks !