Anonymous
24 April 2011 at 15:20
SHO is going around his area and a person tells the SHO about some crime on the road. Then what is the procedure to be followed by the SHO for registering the FIR.. He has to take down the complaint at the site of alleged crime on paper and get the signature of the informant and send the complaint to the police station to the duty officer. The duty officer reduces it as FIR and send the copy of the FIR along with the original complaint back to the SHO/I.O. The original complaint on the piece of paper in which the SHO has taken the crime info given by the person is called what specially in state of maharashtra .Is there in case law in this point ? So the SHO at that time is a duty officer right so the duty officer sends back the copy of the FIR to SHO and more importantly will SHO wait for the FIR to come to him for starting investigation or can he can start investigating?
1) So in short do SHO have to wait for the FIR to come to him for starting investigation?
2) The original complaint on the piece of paper in which the SHO has taken the crime info given by the person is called what especially in state of Maharashtra.
3) How to know that a police man is a SHO any proof that a person can asked to the SHO that can u show me any proof that yes I am the SHO of the this area ?
Thanks.
Anonymous
24 April 2011 at 15:00
1) A Police Station I/c or SHO is bound to register a FIR on report of a cognizable offence under his Jurisidcition. So what about non - cognizable offence who is bound to registar that offence.
2) What do u mean by IC, SHO& SHC under the criminal law ?
3) ANy police ocnstable or any police officer of any rank are goverment servant or public servant as fas as IPC section 21.
Anonymous
24 April 2011 at 13:44
I am from Mumbai and regret the day my daughter was married in 2009 to a boy from Bihari agarwal family based in Ernakulam (Cochin) and she stays in Ernakulam with her in laws. I need expert advice for following:
a)The marrige is not registered till date delibrately and my daughter is being tortured physically and mentally by the boy and his family. Although family has resources to keep a domestic help for house hold and manialwork my daughter is made to do the same and at times threatened by the boy with divorce etc.
Pl. therefore advice if I can register a criminal complaint u/s 498 A of CrPC ?
b) I have spent beyond my limit and the marriage ceremony was hels in a five star delux hotel in Ernakulam besides giving cash and gifts. I have evidance in form of video cd and album. Can these be used as proof of marrigae ?
c) We did not know much about the rogue family and now find it disgusting. While her father in law stays away from mother in law for months togather in Bhagalpur and joins family only to trap another family in to marrige alliance of other un married children he has no say in family matter. The mother in law wants to accompany married couple on honeymoon etc. and has very bad reputation in the local agarwal families of Ernakulam. Even the true age of children not disclosed and the daughter is married in to a Malyali family as she could not have got married in to a agarwal family due to loose moral and is said to be HIV +. Can we use this as a ground for divorce with other reasons mentioned above ?
Having suffered so much I am worried about safety of my daughter and I don't want the family to go scot free so pl. advice the various options open to me in the matter to act decisively ?
oviya
24 April 2011 at 13:38
3 yrs back my father met a road accident. Police closed the case as accident case. And we got accident claim also. But i doubting with that case. Some one reason z there. I need to investigate my daddy's accident case. Can i? Please what i have to do. Now i am minor girl.
Anonymous
24 April 2011 at 13:20
FIR should be registered by which any police or any constable ? i mean to say which any sub constable or senior constable has the power to registered the FIR or not as i have heard that there are 2 constables one is juinor & the second one is the senior after that the post comes of the Police inspector. If the person authorised to take the FIR is absent then who as the power to take the FIR & sign on it ?
In an criminal case first the FIR is registered in police station but the question is
EG : as the person who has gone to police station he know that the FIR which he is making against a person has done a fraud should be booked under section 420 of the IPC or murder booked u/s 302 or criminal conspiracy booked u/s120A .
So my question is that mentioning the section is necessary in FIR, Chargesheet, Investigation Report or not.
or the court will give the section in which section accused should be booked ? or we can say that he/she is charged under which charging section ? Also what does the charging section means specailly in civil cases first & than under criminal cases.
Does the above mentioned of "section" which should be mention is also applicable to civil cases though in it there are no FIR registered than how does the provision of the CPC, 1908 section are charged ?
Is there any difference between investigation report & chargesheet.
Thanks.
Anonymous
24 April 2011 at 11:27
If an objection is raised for authority of the advocate of the opposite party in a criminal case and rejected than whether a revision can lie to higher court.
Neeraj Kaushal
24 April 2011 at 10:30
i have filed an application u/s 452 of Cr.P.C. in the court of J.M.I.C. for releasing the vehicle in case u/s 302 of I.P.C.which was decided by Session court and all accused were acquitted . J.M.I.C. has objected that my application before him is not maintainable , vehicle will be released by Session court, I need a citation that J.M.I.C. can released the vehicle if case has been decided by Session court.
Anonymous
24 April 2011 at 07:41
My client is charged with section 406. He was sitting in examination hall during university anual examination. Supervisor called him in his room during the exam. When he came back in examination hall he run away with answer sheet. Exam timing was 9AM to 12. At 2PM he returned the answer sheet to survisor. i want to know is it the offence of 406 or is there any authority/law that can help my client to discharge from section 406 of case.
Anonymous
23 April 2011 at 18:34
ANY Criminal Cases
PP : Public Prosecutor appears before session judge( Dist., judge).
APP is for the JMFC courts. APP here is Additional Public Prosecutor Or Assistant Public Prosecutor)
So what about HC & SC who appears before them PP or APP here is (Additional Public Prosecutor Or Assistant Public Prosecutor)
ANY Civil Cases
Goverment Pleader before whom
Assistant Goverment Pleader & Additional Goverment Pleader before whom them appear (including the HC)
So in short there are 3 types of Public Prosecutor & 3 types of Goverment Pleader & not more than that right or wrong.
In State of Maharashtra
What is Lokayukta & Indian Evidence Act, 1872, Civil procedure code, 1908 & Criminal Procedure code, 1973 are applicable to this Lokayukta also does it has any pecuniary limit specailly in the Bombay (state of mahrashtra)does Lokayukta has it's own act or not.
Thanks.
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Doctrine of merger is applicable or not (confused).
(Arising out of Sp. Leave Petition (Crl.) No. 3271 OF 2007)
D. VENKATASUBRAMANIAM & ORS. ....................... APPELLANTS
VERSUS
M.K. MOHAN KRISHNAMACHARI & ANR. ................ RESPONDENTS
With
CRIMINAL APPEAL NO.1767_ OF 2009
(Arising out of Special Leave Petition (Crl.) No. 3269 OF 2007)
ABINESH BABU & ORS. …………………………………… .. APPELLANTS
VERSUS
M.K. MOHAN KRISHNAMACHARI & ANR. ... ………………..RESPONDENTS
can we say it is doctrine of merger of both the cases under one & also the party are also different if not than why 2 no are give that is
Crl No. 3269 Of 2007 & (Crl.) No. 3271 OF 2007. Pls tell me why it is given i have seen also under many civil cases & going confused as a law student.
why this 2 cases are mergerd in one & when can a court considered the above type of cases mergerd. or in short it allows.
Thanks.