Anonymous
19 May 2011 at 19:28
ir
The following are the brief facts of a case pertaining to corruption filed by cbi.
A: An advocate, B: Jr. Adv. of A or assistant to A C: A Govt employee D: Govt Employee
Complainant has filed a complaiant to CBI that A had informed him that C and D are demanding bribe to do a work. Thereafter the Complt accompanied A and met those C and D and A Spoake to them in a regional language which the Comp did not understand and A informed him that they are demanding money. On the next ay A B and C met the complt and showed that the work is already done and B demanded money from the complt. Again two days after the complt.lodges a complaint with CBI informing and naming C and D in the complaiant demanding bribe. On this fateful day A informs the complt that he is coming alongwith the said staff to the place where the complt. was staying and took B and C with him. The introduction takes place between Complt. B and C.It may be no9ted that A took these two persons B and C by naming them as govt stafff wheras B is the jr to A. hence A mighyt have projected his junior B as D or impersonated as D.Since the complt. has never met D in any manner, so only on the basis of hearsay of A he presumed that the person in front of him is D and named him in the complaint.Now the CBI lodged an FIR naming B and C. Nmae of D not mentioned in the FIR. In the evening on the same day A again took B to collect the money . when B was caught red handed he could not say anything for whom the money is meant for etc. Then A minformed the CBI that the money is taken for C and D. A was in fear because B might handover the money to him and he will be caught so in fear he told the CBI that this taintyed part is meant for C aand D. Instead of Calling C from his mobile A contacts D, since A knows that contacting C will again put him in trouble since again C will name him to CBI . D did not know anything about what was hapopening. A called D and requested him to come outside for a discussion unknowingly D mmeets him. On the meetuing B ask a query about the procedures of about a work. for which D explains about the systematic way and procedures. nowhere in the conversation any particular work or anything of that nature takes place only about the procedure and ways were taken place. B was in fear be cause he impersonated as D so he somehow hands over the money to D without his knowledge just places the money in the hands of D. Immy D was caught by CBI thereafter they directed him to contact C and handed over the money to C . wityhout any h3sitaqtion or reply C accepted the money and was caught.
The work for which the money wqas demanded or paid or extraqcted that work was already done as per the directions. C and D Cannot do this work and no way related to that work they are very junior 3empoloyees.
Now th CBI has charged all the four awith sec 120B, read with 7,8,1392) and 13(1)(d)
Now my question before the expers ais :
What is the meaning of Read with.
What will happen at the framing of charges whether charges will be equal ato all the four or different charges will be framed, if so what charges are likely to be against D and what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally . The new development in this case is the complt has written a letter to CBI director claiming that A is his best friend and is in no way connected to this act so he should be discharged ior freed.
Name of A was not mentioned in the complaint and ain the FIR but he was Chargesheeted as Accused
Name of B was not mentioned in the complaint but he was named in the FiR
Arrested and got baiul
What is the meaning of Read with.
What will happen at the framing of charges
whether charges will be equal ato all the four or different charges will be framed,
if so what charges are likely to be against D and
what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally .
ganeshram gupta
19 May 2011 at 17:07
sir
may any one provide any /following leading cases:--
abdul karim vs state air 1975 sc 1506
ramdas anant vsjacob [2006]3 bc 271
hanumant air 2009bom [noc]397 bom
thanks
g r gupta
Anonymous
19 May 2011 at 14:45
R/Members
My 125 crpc petition is pending before magistrate court and my husband is earning 1.5 lac Rs. per Month,i have heard that magistrate is not empowered to grant maintainance more than rs. 5000/- is it right,kindly also provide citation if available.Thanx
sudhakar s. yeradkar
19 May 2011 at 13:47
Dear Sir,
'A' sold material to B, B sold same materail to 'C'.
C released payment direct infavour of A.
There is no documentation between A & C.
Chque issued by C is dishonored. What is the procedure for filling complaint u/s.138 of NI Act against third party?
Is the complaint/case is maintainable u/s.138.
Please give us your expert advise.
Rgds,
Sudhakar Yeradkar.
Anonymous
19 May 2011 at 10:57
Good day Sir,
Good to find a website where information is given intact and with reference,
Sir, I have query on an FIR(498a) in any sense that is logged on by my wife to harrase me and my family.
In a rush to log a complaint she has A1's name as XYZ where as the actual name with records stands different passport,certificate is the one that is officially known as.
Does this mean that FIR is still valid as the name or identity does not exist officialy or with government records(Voter's ID,Passport,Certificates).
Can I quash the case on the same also I have been in remand for no fault for 3 days.
Every one over looked the blunder done by police.
How am i punishable for the crime I haven't even thought of doing in my life.
Waiting for your reply..
Also can you quote your reference under which I can get this quashed? and How to fight back.
Thanks
Mohammed Jaleel Ahmed
Anonymous
19 May 2011 at 10:42
how much time it take to after application of certified copy of chargesheet,
does chargesheet contain specfic charge, ie time and offence commited or it is charge and offical transaction of compliant.
Police has not done any investigation and even has not spoken to me, ie husband about the charge.
Fir was filed on Feb 2 and Chargesheet was submitted before may2, but i have not received any notification for either court or police.
AtulSha
19 May 2011 at 09:55
Sir,
But the high court with ask to seek remedy in the trial court where there is a risk of arrest. If the trial court dismisses then only it can be moved to High court. Will not the recall without the presence of the accussed work out or any other way out sir.
with Warm Regards,
AtulSha
Anonymous
19 May 2011 at 09:46
Dear All Sir’s
A girl about 19+ years of age, every now and then make call to a boy, his age also 19+ but the boy want to avoid her. So the girl threaten the boy that she will commit suicide herself, this happen very often, yesterday the boy went to inform all these to her father and did accordingly . After few moment the girl again call the boy to a place over phone but he didn’t went to meet her after this father of the girl also called the boy and threatened that he will make a FIR of kidnapping of his daughter.
For these the boy is feeling insecure, irritates and can’t concentrate in his studies for last one year especially for her threaten of making suicide herself.
Therefore my humble request to you all what action the boy or his family can take against the girl or to her family. Please advice.Please
Thanking in anticipation.
Anonymous
19 May 2011 at 08:38
Sir
The following are the brief facts of a case pertaining to corruption filed by cbi.
A: An advocate, B: Jr. Adv. of A or assistant to A C: A Govt employee D: Govt Employee
Complainant has filed a complaiant to CBI that A had informed him that C and D are demanding bribe to do a work. Thereafter the Complt accompanied A and met those C and D and A Spoake to them in a regional language which the Comp did not understand and A informed him that they are demanding money. On the next ay A B and C met the complt and showed that the work is already done and B demanded money from the complt. Again two days after the complt.lodges a complaint with CBI informing and naming C and D in the complaiant demanding bribe. On this fateful day A informs the complt that he is coming alongwith the said staff to the place where the complt. was staying and took B and C with him. The introduction takes place between Complt. B and C.It may be no9ted that A took these two persons B and C by naming them as govt stafff wheras B is the jr to A. hence A mighyt have projected his junior B as D or impersonated as D.Since the complt. has never met D in any manner, so only on the basis of hearsay of A he presumed that the person in front of him is D and named him in the complaint.Now the CBI lodged an FIR naming B and C. Nmae of D not mentioned in the FIR. In the evening on the same day A again took B to collect the money . when B was caught red handed he could not say anything for whom the money is meant for etc. Then A minformed the CBI that the money is taken for C and D. A was in fear because B might handover the money to him and he will be caught so in fear he told the CBI that this taintyed part is meant for C aand D. Instead of Calling C from his mobile A contacts D, since A knows that contacting C will again put him in trouble since again C will name him to CBI . D did not know anything about what was hapopening. A called D and requested him to come outside for a discussion unknowingly D mmeets him. On the meetuing B ask a query about the procedures of about a work. for which D explains about the systematic way and procedures. nowhere in the conversation any particular work or anything of that nature takes place only about the procedure and ways were taken place. B was in fear be cause he impersonated as D so he somehow hands over the money to D without his knowledge just places the money in the hands of D. Immy D was caught by CBI thereafter they directed him to contact C and handed over the money to C . wityhout any h3sitaqtion or reply C accepted the money and was caught.
The work for which the money wqas demanded or paid or extraqcted that work was already done as per the directions. C and D Cannot do this work and no way related to that work they are very junior 3empoloyees.
Now th CBI has charged all the four awith sec 120B, read with 7,8,1392) and 13(1)(d)
Now my question before the expers ais :
What is the meaning of Read with.
What will happen at the framing of charges whether charges will be equal ato all the four or different charges will be framed, if so what charges are likely to be against D and what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally . The new development in this case is the complt has written a letter to CBI director claiming that A is his best friend and is in no way connected to this act so he should be discharged ior freed.
Name of A was not mentioned in the complaint and ain the FIR but he was Chargesheeted as Accused
Name of B was not mentioned in the complaint but he was named in the FiR
Arrested and got baiul
C: Nmae of C mentioned in the Complaint and in the FIR ; arrested and on bail]
D; name of D mentioned in the complaint BUT NOT IN THE F.I.R. Arrested and on baiol
If guidance is given I shall be very grateful
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Required urgent help
Respected sir,
I have filed DP3 against my wife and his family members u/s 156(3). After lot of struggle the hhonable court order SHO to register FIR against the parents of my wife and given the protection to my wife u/s 7(3). In my case i have filed this DP3 before their complaint of 498a, as my wifve is not agrived in this case as their 498a is counter blast to my complaint. Now after one and half year of investigation ploice has filed the charge sheet in which
they have taken the regular bail and now case is fiexed for the consideration of charge. Their uncle is retired judge and he told that court will not frame the charge against them. They have even given a statement that for the demand of dowry , they were constrained to sold their house and they have also given an affidavit in some other courts too. and i too got many more documentery evidences as well as citations of HC and SC. My case is very different to the Mr. sexsena case which was quashed by the high court. Kindly suggest me what i have to do. In my case Ld. PP has to fight my case as it is state vs and kingly just tell me may i have the liberty to produce the facts and argue in presence of Ld.PP. or i have to keep quite as per law only i have to listen the argument of Ld. PP and other party. Kkindly suggest me what i have to do so at least charge can be framed against them.
With kind regards