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Anonymous   21 April 2011 at 17:56

BAIL U/S 439 IN HIGH COURT IN IPC 376 2 G

Sir,
i would like to know whether bail is possible in a case where the prosecutrix has not taken the name of the accused petitioners in the FIR but has taken the names of accused petitioners in sec 161 and she has not given her statement in sec 164 where almost 2 months have been passed since the offence. moreover the injury report is not suggesting any offence against her. Fsl has also not been done.
the accused petitioners are in J.C.

now after 4 to 5 hearings prosecutrix has taken the names of the accused petitioners in 164 but at some other time as she mentioned in FIR , she is changing her statement time,
whether in these new circumstances defence can take these things for getting bail

Anonymous   21 April 2011 at 14:10

possession

Respected All Experts,
A is the regi. finance co. B is Principle borrower.He paid 5 instalment After that four wheeler which was in possesion of B thefted by unknow person B lodged Complaint to nearest police station.Before one month ago police has seized this FW under investigation.B filed his application U/s-457 of crpc.Notice not served to financer.A has HP on RC Book.Application disposed by Hon"ble court without notice to A.Between A & B executed loan cum hypothication Agreement(in this Arbitration Clause mentioned).B has not paid any instalment to A till date from theft of FW.Today B Has taken possesion of FW by the order of court without notice A.Pls give me gaidence about this.What is remeady available to A.I have infavour of A.

Anonymous   21 April 2011 at 09:57

ipc 326

Its a state case under ipc 326,504 506 etc.If in the state case complainent purposfully avoiding to appear for the deposition on flimsy grounds then can we say that prosecution has no case against the accused.The i.o and other family witnesses and panchas has got any value in the case if the complainant/injured is not interested.Can i apply for quashing the case in the highcourt/apex court.please advise.i think 326 ipc is noncompoundable.in this situation what is the short and sweet solution or line of action.The accused has to travel abroad for a short visit and passport authority is not issueing the passport cause of the pending criminal case.If the experts please advise with citation.

Anonymous   21 April 2011 at 07:10

Require fair and impartial investigation

I have lodged an FIR against a builder for misappropriation and cheating for huge amount. The case is in investigation stage but the police is under pressure and influenced by some bureaucrats and not doing the needful.

Can I approach directly Supreme Court for seeking CBI enquiry? Or do I have to approach High Court?

What is the best way to get fair, proper and impartial investigation in this matter.

Anonymous   21 April 2011 at 00:23

Compelling a court to proceed U/S 340 of Cr.P.C

Respected Experts,
Is there any citation compelling a court to proceed U/S 340 Cr.P.C. in stead of discretion.

bhushan singh charan   20 April 2011 at 22:22

powers of high courtunder 482cr. p.c.

can high court issue direction for lodging fir and investigation by some higher officials?ignoringthat petioner has not apporched concern magistrate for diection under section 156{3}?judgment in support of advice??????????

bhushan singh charan   20 April 2011 at 21:41

section482crpc

whether for direction forlodging fir can be sought invoking provisions of 482crpc?if yes judgment in support?

Chetan Pardakhe   20 April 2011 at 20:46

Summons & Warrant Case

Case under Sec. 506 & 509 IPC

under Sec. 506 the punishment is upto 2 yrs. AND--- Warrant Case

under Sec. 509 the punbishment is upto 1 yrs. ------ Sumons Case

Now the case is put for charge

My question is whether the case would be tried as a summons case or a warrant case.

akash   20 April 2011 at 20:07

Defamation in audit Report by Statutory Auditor.

I am a member of coop. hsg. society.Due to various illegality in society affairs I approached to the Joint Registrar Coop. societies who found primafacie and ordered inquiry under sec. 83 of MCS Act 1960.In audit report of 2009-10 Auditor made gen. remarks that "since the appointment of Architect was proposed by shri Saraf in the meeting of special general body, if municipality declares construction illegal, file suit against shri Saraf and Architect for cheating and recovery of loss of society's fund".Auditor is 'govt. certified auditor' in Thane, Mumbai.Inspite of the said enquiry he made imputations against me without any lawfull authority.Whether Defamation suit and criminal case can be filed against him.

Johnson   20 April 2011 at 17:21

Neighbour wants to cut down tree

Dear Sirs,

we have coconut trees planted in our land.it has grown upto 4 storey building.

now the neighbour wants us to cutdown the trees citing the reason that there are lot of dust falling from the trees and damaging the pipes that are fitted in the wall.

he says that he will give a complaint in the police station.

kindly suggest
should i cut down the coconut trees?

thanks in advance.