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Member (Account Deleted)   05 May 2011 at 20:18

Reinvestigation in a case

The case is registered under IT Act sec 66 a & C & IPC sect 294, 385, 507. Complainanat has filed an application for reinvestigation in the case stating that Police have not done it properly & filed the charge sheet in a haste . The Charge has been framed by the trial Court ( JMFC )& as per the directions of District Judge while grantimg bail to the accused was to conclude the trial in 2 months . But the trial did not start . It is more than 3 months now as I am released on bail .
The complainant has filed an application with trial court for a reinvestigation in the case because according to the complainant there are lapses done by Police in investigation pertaining to crime registered.
The reinvestigation is being demanded by the complainant thru Cyber Cell Pune . In this case there are 3 complainants one is from Jalgaon the main & 2 are from Pune. The case is filed & being conducted by JMFC at Jalgaon.
PLs advice whether JMFC has any right to order for reinvestigation & that too outside his limits of taking cognizance i.e. investigation thru Cyber Cell Pune. Can this reinvestigation if ordered be challenged in Session Court Jalgaon or HIGH Court, Aurangabad. Pls adivce.

Anonymous   05 May 2011 at 17:55

false accusation

Dear sir,
I am customer of icici bank and went there to submit a document asked by bank central/HO but the staff at branch refused to listen to me.I lodged a complaint with customer care of bank and their reply was that I shouted at lady staff and used abusive language and was asking for some password( which is never issued by branch and i never asked for)and threatened them that i will not spare them. Now the I have asked the bank to provide the cctv footage for the same but the bank is asking for more and more time. the matter has been escalated by me to level 4 from level 1 but bank is not replying. I am deeply hurt and want to seek legal remedy. what= are the options open to me. Regards

Rajesh   05 May 2011 at 12:46

FALSE 498 A CASE TRANSFER

DEAR SIR,
MY WIFE HAS PUT FALSE 498A CASE ON ME & GIVEN THE TRANSFER REQUEST TO SUPREME COURT TO TRANSFER THE CASE FROMCHHATTISGARH TO HER PLACE MP ONLY BECAUSE OF HER CONVINENT.

IN THE 1ST BENCH I LOST THE CASE BECAUSE MY LAWYER HAS NOT SUBMITTED SOLID DRAFT & SC ORDERS TO TRANSFER THE CASE TO MP.

I REOPENED THE CASE & UNLUCKLY I LOST THE CASE AGAIN BECAUSE MY LAWYER HAS NOT SUBMITTED THE DRAFT IN TIME.

NOW, PLEASE ADVICE WHETHER IT IS RIGHT TO REOPEN IT AGAIN, & WHAT IS THE CHANCES OF WINNING OR I CAN CONCENTRATE ON MY CASE TO FIGHT FROM MP.

PLEASE ADVICE.

Anonymous   05 May 2011 at 09:51

False case of IPC 406

A false case has been registered on my sister by her husband under IPC 406. This happened when my sister parted from him after knowing that he had married another women. Thinking that she will file suit against him, he has safely filed a complaint in 2009 stating dates of 2008. The case is filed by his friend. The offence date mentioned in case is absolutely fake, as we have documents like her hospital admission card and baby birth date in hospital. She continued staying with us after baby's birth. We neither received summons or info, but one fine day we received arrest warrant. Case is registered in patna and we stay in hyderabad. We neglected the case as we know that he will try to do something if we go there as he has got influences. I tried several lawyers but all are bothered to make money. Please suggest how to solve it without going to that place.

Anonymous   05 May 2011 at 01:11

138niact

guide me for cross questioning in court:

Case Filed By b against A for following points

a) A issued a chq. to B for squaring an account between them in which B has paid an amount to A but do not have any receipt, undertaking, or any type of account which can prove in court that B has paid an amount (Cash 9 lacs )to A

Actual Fact

chq not given by A to B as any legal debt but B was good friend of A and in due course during his visit to office of A he stole a chq. which was filled by A depicting amount in fig. & words only but the Payee name (i.e. Party B) WAS filede by Party B himself which can be proved with the report of Handwriting expert.

Kindly guide me my defence in above case

Arka Foundation   04 May 2011 at 23:44

Jurisdiction noting on FIR

In a case of one of my client:

There were 3 different allegations in FIR

Place 1: allegation in general i.e abuse over phone [where case registered/wife living place]
1 kms from where the case is booked

Place 2: allegation in general asking wife to come out [wife's grand ma house]
6o kms from where the case is booked

Place 3: fabricated 498a allegations[marriage/wife and Hub last residing place]
500 kms from where the case is booked

In the FIF IO wrote
"Place of occurence: 50 meters north"


Question:
which one he has taken
what would be the jurisdiciton

if so,

anything can be countered agaisnt wife side on this issue

Anonymous   04 May 2011 at 21:10

maintainence from father in law by widow

R/Members
petition us 125 crpc against father in law by widow/daughter in law for maintainance is permissible or not,kindly suggest.Thanks

Anonymous   04 May 2011 at 20:11

information

during the hearing in a murder case on which point should the eye witness focusses the most and which type of question may he got asked?

Anonymous   04 May 2011 at 19:52

section 91 cr. p.c

husband filed petition under sec. 91 of cr.p.c. production of wife bank account statement. but account number not known by husband, but account in the name of wife is confirm. husband is entitled to ask bank statement from bank officer?

Anonymous   04 May 2011 at 19:36

FIR Permission.

1) A Police Station I/C or SHO is bound to register a FIR on report of a cognizable offence under his Jurisdiction. So what about non - cognizable offence who is bound to register that offence.It has been said that NC means Non-cognizable complaint but the crpc has not define nor bombay police act, 1958 has defined what do u mean by NC.As Bombay Police say that Non-conginzable offence are not registered as a FIR but it is registered as a NC. Clarify it with the case law if possible.

2) What do u mean by IC, SHO& SHC under the criminal law? Because Crpc has not defined it? If they refused to register an FIR than they are liable for prosecution under section 217 of the IPC, 1860. Also do permission is required for the higher authority to file a FIR against the IC, SHC, SHO Or any any police officer or any constables.

3) Any police constable or any police officers of any rank are government servant or public servant as far as IPC section 21.

Thanks.