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Knowledge Gainer   28 April 2011 at 20:40

Time limit for Filing of Case

Last year on 11.06.2010, I have filed Police NC Report against a person for pressurising and threatening me to give divorce to my wife under mutual consent on cell phone. The person have no relation with my wife except he was ex-boss. I have no witness or recording of any kind. I have only Police NC report. He used to call my parents and also threatening them. They are only witness for this.

Now I want to take the matter to the court and want to punish this person for his misconduct.

Can I file case against him now?

under which sections? is there any time limit to file case?

Will I succeed in this case?

If not can he file case for defamation against me?

Anonymous   28 April 2011 at 20:31

195 crpc can explain.

Section 195 of the Crpc

(1) No court shall take cognizance-
(a)

(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or

(ii) Of any abetment of, attempt to commit, such offence, or

(iii) Of any criminal conspiracy to commit, such offence,

Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

Meaning of abetment & what does the section 195 (1)(a) (i)(ii)(iii) wants to explain. Also any case law (Bombay High Court or SC) which will help me to understand in detail what does the section 195 what’s to convey.

thanks.

Anonymous   28 April 2011 at 19:36

Civil application or lying application.

A perjury application is maintainable after the judgment has been passed by the competent judge in the court & also the judgment has been signed. Any judgment on it specially form BHC (Bombay High Court) Because somehow the opposite advocate came to know that we are going to file a perjury application in the court with the permission of the court after the judgment is delivered & signed by the judge so he (advocate opposite side) said filing perjury application is not maintainable ? He also said that we can file a criminal misc petition but I think that perjury application is best as per the section 340 & 344 of the Crpc & section 196 of the IPC. I want to known what about does the civil misc petition means I have heard the first time as it as same as IA (interim application) because civil misc petition & criminal misc petition are both the same like IA confused. Because the opposite advocate is confusing my advocate as my advocate has only 4 years’ experience in the field of criminal cases. So can anyone guide me in detail the above mentioned matter in detail? So actually what do does the criminal misc petition & civil misc petition means in detail. When can we file it?

As we have won the case. But confused on the points mentioned by the Opposite Advocate that civil, criminal misc petition means in detail.

Anonymous   28 April 2011 at 17:59

How to proceed if someone beats me?

My neighbour in one argument, got angry and beaten me up, though not too many injuries, I want to take it legally.

How should I file a complaint to the police? What are the possible punishment he can get?
If no witnesses are there, what can I do?

Can I take it to court? What are the punishments?

If I cannot legally, what if I beat him in retaliation and for self defense? What are the implications?

Is there any law differences, if man beats a man, or man beats a woman?

Anonymous   28 April 2011 at 17:43

Production of Accused before Magistrate


What is the consequences of production of accused before magistrate after 24 hours after his arrest ?

Anonymous   28 April 2011 at 17:41

Anticipatory Bail

I would like to do a crime which is "financial" can any one advice me that can i apply for a anticipatory Bail in Delhi.

how much long it (Anticipatory Bail)will work
and the best lawyer in Delhi in this regard.

can Police has the right to arrest even if i have Anticipatory bail order from a high court.

please advice.


jailani   28 April 2011 at 15:22

False dowry death case..!

I got aquital and received the judgment also. Is there any way can i file a damage or compensation case against my in laws and state also for the false dowry harassment 498A and death case 304B.

I went on many mental stain and stress due to this false case after the death of my wife from that same day night to aquital i faced many problems due to my in laws and police also.

Can i have a resolution for these..? Is there a way can i sue my in laws for their false dowry death case on me..?

Please suggest..?

amit chatterjee   28 April 2011 at 14:25

final report

i was accused in the year 2003 under 420,409 & after investigation police dint find any thing wrong against me.
police has submitted Final report & request the court to close the case in the year 2005.
in the last six years i do not received any summon from court.

please let me know what to do in this situation.

With Regards
Amit Chatterjee

Anonymous   28 April 2011 at 13:17

Anticipatory Bail

Can one apply for AB from any state Megistrate or one should apply from the state where he is living??

Anonymous   28 April 2011 at 12:08

Indian evidence Act

Hi,
Can anyone pls explain me section 92 of IEA and also all the 6 proviso of this section in simple words so that i can write the same in exams also
Many Thanks