Anonymous
29 May 2011 at 19:36
1) What do u mean by the order sheet of the court? What does it contain in it. Whether it is a public document as far as RTI, 2005 is concern.
2) Without cross examination the chief has no value. But in my opinion first chief examination & then cross examination is preferred right? So the answer should be without the chief examination cross examination has no value. (Right)
Anonymous
29 May 2011 at 19:30
In Challan (Charge sheet as you referred) Column No.1 contains the list of the accused who have been found guilty by police during investigation or after the completion of investigation and the Column No. 2 contains against whom the police finds no case or they are not found to be culprit by the police. However it is upon the Magistrate either to accept or reject the police report. We known this but actually there how many column in the chargesheet what does are they contain in other column other than 1 & 2
Anonymous
29 May 2011 at 18:51
Police station official do their enquiry and found nothing against the FIR registered and forward their enquiry to ACP and after that the ACP also found nothing against the FIR Registered and recommend the case to file. So I am confused that if the police officer or investigation officer doesn't find anything than they have to report it to ACP compulsory & then only close the case. Can any one send me the chronologicalically who is superior to whom ?
1) Constable
Sub constable .
2) Police Officer
3) ACP
4) SP
5) DCP
Who is superior ? the full order wish list required.
The Whole List . PLS
(State Of Maharashtra)
Anonymous
29 May 2011 at 18:29
I have siled an application under Cr.P.C. 340 against I.O. for submitting a False Documents with proof. I.O. is insisting that the correctness of the document may be decided in trial. If this document which is my income from Govt. is corrected then there will be no case. Kindly advise how I should fight to get this document to be considered at the time of framing charges.
Thanks.
Anonymous
29 May 2011 at 16:43
Naveen reports an FIR u/s 452 IPC against Sandeep and his father Ashish. No such incident took place the reason for filing the FIR was partition suit pending in court. Finally, the court passes a decree and judgement for partition which is agreed upon by father of Naveen and Ashish and Ashish himself by signing in presence of judge.
In decree it has been mentioned that Naveen would take back the case u/s 452 pending in the court. To proceed with the petition is filed in high court u/s 482 for compromise and affidavit of Naveen attached for compromise. Now, Naveen is not appearing in court and is not ready for compromise.?
Naveen has not signed on any of documents or partition deed in the court. The statement before the civil court is by Naveen's father and he has appeared as witness also in case u/s 452.Naveen has signed on Ekrarnama wand (Partition Document) based on which the civil court has passed the degree and judgement.
What’s the remedy available to Sandeep? Can the court dismiss the case? Is appearance of Naveen necessary? Can Court quash the FIR without hearing Naveen? Can Sandeep, or his father file any kind of suit in civil court?
Anonymous
29 May 2011 at 15:54
Head Title
WHY Witness can't booked U/s Section 499 of the IPC, 1860. Provided the answer with the SC judgment any.
In this forum Family a question has arised & the answer's brought some dought to me so pls clarify it. With Respect.
Question :Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city
Answer was given by the LD members was below mentioned.
Answer : Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So my query is this
1) But my question here is why the husband has to give a apologize letter to the concerned person’s who has filed a FIR on him why? Because as section 499 of the IPC, 1860 does not say that the person against whom a FIR is lodged & that person if he has to file a case u/s 499 against a person who has file a FIR then he/she has to file a apologize letter first to that person who has filed a FIR & then only he can file a case against them U/s 499 of the IPC, 1860 ?
2) It has also been said that the Person’s who has filed a FIR & if he/she has shown as a witness under the FIR column than no case u/s 499 is possible why ? Because section 161 of the crpc & section 499 of the IPC doesn’t mentioned that the person who logged a FIR & if he becomes the witness than we can’t file a case of defamation u/s. 499 of the IPC.
3) So can we say that the witness are safe form u/s. 499 of the IPC. Also we can come to a conclusion that in any cases where it amay be a criminal, civil or matrimonial cases any witness can’t be booked u/s 499 of the IPC. When they are named as a witness under FIR column & even if they insult the person standing front on him under the court during the court proceedings giving the statement whether (chief examination or cross) he/she cant booked u/s 499 of the IPC, 1860. If so than section needs a amend by removing the whoever & restricting to any one but not the witness of the case RIGHT OR WRONG?
4) If the answer is right that on witness we cant file a defamation case than pls provide me the case law of SC.
which say that u/s 499 witness can't be booked.
Clarify The Issue.
Anonymous
29 May 2011 at 14:56
There is a difference between Discharge application Quashing application but what is the difference in both
I know the meaning of allegation but the grave allegations means what where the grave allegation is defined or which allegation is called as a grave allegation because it has been said that SC has give a judgment which he has given the meaning of grave allegation & also were it is applicable. can any one put tat SC judgment there.
Quashing can be done in non compoundable offences? I think it is also applicable in compoundable offence also. Correct me if i am wrong.
Anonymous
29 May 2011 at 14:28
Sir,
In an scooter accident case occured in Delhi, the court of MM after entertaining the plea bargaining case under 265-B cr.PC has finally conveyed that the accused would be release on probation. This case was registered u/s 279/304-A IPC. Now, the court summons the Probation Officer with his report. Please clarify the following:-
1. Whether any civil case is pending in any court in that circumstances the accused can be denied probation by the court.
2. If the concerned court denied probation to the accused in that situation, what course of legal remedy would be left for the accused person.
Anonymous
29 May 2011 at 14:21
I would like to know the consequences attached to a case that took place in 2008 whereby a false criminal case was filed under section 482 of the code of Criminal Procedure under sections323,342,294(b), 506(1), 384 and 34 IPC. The case has just come up for hearing and has been referred to the HC. Apparently during this period, arbitration proceedings took place and an amicable settlement took place among partners of a firm. an award was also passed and contained clauses indicating that all partners agreed to withdrawal of all cases both criminal and otherwise against each other. What are the possibilities for the case to be quashed and a stay order obtained? let me know
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cross exam
please give expert tips on cross exam. in criminal cases.