Anonymous
04 March 2011 at 11:54
There was an accident between a car and bike where i was driving the car. The biker got "Simple" injuries on hand and asked me to leave the place of accident as it was a minor matter. He might have been drunk also, as had been suggested by the crowd that gathered. But I was scared of him as I was with my 3 yr old sons alone and did not want to get into a hassle.
He turned out to be a lawyer who later called police and filed a case under section 279 and 337.
In the first hearing the judge told me that i was negligent as I was driving with my 3 yr old kids alone, (they have no eye witness and no proof- as neither vehicles had any major signs of accident), and it is a negligence like talking on phone. If convicted I will loose my government job and will not be allowed to apply for US Visa and so I must compromise with the victim who had band-aid scratches on knuckles.
I feel that the whole case was an intentional setup by the lawyer to make quick money but I am now deeply troubled as I will get convicted in criminal case for no fault and may loose my job.
The judge also said that if i do not compromise and pay the "victim" upto Rs 5000 in a judicial compromise, i could face 2 yr imprisonment and/or fine upto Rs ten thousand.
Kindly help.
kindly advise
J.C.Mishra
04 March 2011 at 11:30
Sir, I would like to request you to please go through the following few facts.
One of my relative was attacked by a group of antisocials on 17.11.2010 at about 8 pm while working in his shop in a market and the miscreants used various deadly weapons with revolver and fired three rounds to kill him for which he was seriously injured. Thereafter the person was hospitalized and F.I.R. was lodged in the local police station on 18.11.2010 by his elder brother, based on which the police registered a case by booking five accused persons under sections 452/324/307/109/34 of the IPC and under section 25 of the Arms Act. But from that date the police authorities have done nothing except arresting one person only who is at present in the judicial custodyand who figures last in the list of accused in the FIR. The man who figures first in the accused list of FIR and is the main culprit along with his nephew, behind the incident is roaming freely and the police is not arresting them inspite of their anticipatory bail application being rejected by the Hon`ble High Court Of State. Remaining two accused are absconding as per police record. I would like to say that the persons roaming freely are political leaders of the state ruling party and is an antisocial and so the police is showing unwanted favours to him. He is repeatedly threatening the family of the victim and forcing him to withdraw the case.In the meantime victim`s elder brother has submitted another application to the incharge of concerned police station with a copy to the SP of the district along with the bail rejection order, requested them to take strong steps and arrest the main culprits but the police authorities are not paying any heed to the complaints.
Please tell me what the victim should do now in order to have a safe living and to put the culprits behind the bars. Is there any need to file any sort of petitions in the Hon`ble High Court? Is it possible to change the enquiry officer because the district authorities are biased.
Gaurav
04 March 2011 at 00:20
Hi,
My case is in CAW. If in any case FIR is lodged against me then is there any threat to my job. I am in a private organization.
Pls resolve my query.
Anonymous
03 March 2011 at 23:08
In a cheque bouncing case, complainant has died after charges framed
and LR could not came on records , meanwhile case has been DID due to non appearance , now
LR has moved to higher court to challenge the DID , now pls advice me.
In my opinion LR has no legal right to file and appeal as they have not came on the record as LR and accepted by lower court. If you give us any citation , I will be obliged.
Anonymous
03 March 2011 at 20:58
as i did not get any reply when i posted the same content earlier i am posting it again.please dont mind
1) will any case argument (before judge at the time of trial) will be done based on Charge sheet and its data alone ?
2) will there be any other report on which arguments will be done ?
3)IS IT MANDATORY FOR POLICE PEOPLE TO LIST OUT ALL THE INVESTIGATIONS WHICH THEY HAVE DONE IN CHARGE SHEET ALONE OR CAN THEY GIVE IT IN ANY OTHER REPORT ?
4)IF SO IS THAT REPORT VALID ?
sankar.n
03 March 2011 at 19:22
Dear Experts,
During the Bull Race, a Bull had gored a boy resulting in severe bleeding on his nose, mouth and ear and subsequently succumbed to injuries after one month at Hospital. Whether, we can claim compensation for the family members of deceased person and who are all to be impleaded as respondents and which is the competent forum for filing the claim petition.
Anonymous
03 March 2011 at 19:08
Dear sir/Madam
if the income of the husband is only 8000/- per month and he has to take care of his father also who is retired.
what would be the maintenance as per mahrashtra maintenance act.for the wife having one child with her?
Anonymous
03 March 2011 at 17:36
Dear Sir,
I want to know whether promotion of a Govt. Servant under any criminal investigation not involving moral turpitude (such as IPC 279 & 338) are subjected to "Sealed envelop procedure"?
Also, after completion of the criminal investigation under IPC 279 & 338, if a govt. servant is given some minor penalty, whether the recommendations of the DPC (put in sealed envelop during the case) will be acted upon?
Regards,
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Bail in 498A for A1,A2,A3,A4
are there any guidelines that courts follow in granting bails in 498A charges after chargesheet to accused A1/A2/A3/A4. In our case accused A1 was not granted bail from CJM as per explanation CJM dont have power to grant bail to A1 in 498A charges and its granted by District Court.
My question is the Co-Accused the parents and married sisters need to secure bail as they have received summons from CJM court as the charge has been submitted. Would they be granted bail though its dependent on the court but if they present on the date of summons is there a chance of arrest as the other side may object the bail plea. Please suggest and if possible with regards to trend in UP.