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Anonymous   19 February 2011 at 06:25

photocopy in evidence

Sir,

Can a photocopy of legal notice sent be admissible in evidence if original in not produced.

It would be great thx if some case law can be provided on the same

Regards,

padmarao   18 February 2011 at 23:52

double jeoparady

Kidly give me opinion supported by citation

A has pushed B and B sustained injuries and was hospitalised.Case was registered under 324.Trial took place and was convicted.B died after judgement due to the injury caused by A.Can the trial take place again?

Regards

Anonymous   18 February 2011 at 23:46

False FIR

RESPECTED EXPERT I need help on following fact:-
A false FIR is lodged against Public Servant("Mr.A") and Supplier Farm(B).

Fact of the case is that Supplier Farm(B) is awarded with some supply work by the government.Accordingly supply was made by Supplier Farm(B) and received by Public Servant("Mr.A").

But according to private person who lodged the FIR the supplied materials never reached the office of Public Servant("Mr.A") nor in the project site for which material was allotted though it was dispatched from Supplier Farm(B) place.so they alleged that it was misappropriated by Supplier Farm(B) and Public Servant("Mr.A").

Now under above FIR by two private person the case is registered under Section 407/409/34 of IPC by the Police Station which have jurisdiction over the Supplier Farm(B).Though two private persons who lodged the FIR belong from the place where Public Servant (Mr.A) is serving but they did not lodged any FIR in th Police Station which have a jurisdiction over Public Servant (Mr.A)serving place and the place where the government project is going on.

Moreover this FIR is Politically motivated and the OFFICER-IN-CHARGE is taking self interest in this case that is why the FIR is lodged place where his have jurisdiction not in the place where Public Servant (Mr.A) is serving.
Question:-
1-under above fact what is the best legal remedies available to Public Servant (Mr.A). Should he go for anticipatory bail or Quashed of FIR.???
2- Under above fact do Police from Police Station where FIR is lodged have right to arrest Public Servant (Mr.A).??
3-Under above fact do O.C. of concerned police station has right to take cognizances of above FIR/Case.???
3- Any others legal advice Pliz.??

WHATSAPP 91-8075113965   18 February 2011 at 21:26

A class fascility in prison

sirs,

whether every convicts in the prison shall be treated alike or whether a person like ex-minister is entitled to any special benefits like " A CLASS FASCILITY " in jails, on conviction ?

Dushyant Pandya   18 February 2011 at 18:44

Complaint for unretured money

We had provided money in advance against assured goods. After receipt of advance money, other party had not acted accordingly. Other paty had provided cheque against our follow up. Cheque was dishonored. We had filed criminal complaint for dishonor of cheque.

Can we file criminal complaint under section 406, 420 of IPC against other party?

Anonymous   18 February 2011 at 18:17

498A stay

I have a question I took a stay of arrest from HC by filing Misc Criminal writ petition - Quashing of FIR. The court granted stay of arrest and referred the case to mediation with a direction that the case shall be listed at a future date with the mediation results and then a fresh decision will be taken by Allahabad High court on my arrest stay.

The mediation is at the final stages and my FIL is asking for a huge amount and a flat which is beyond my means and morever the marriage is just 3 months old she walked away in 3 months without any reason and filed the cases under Sec-498A/502/406 and 3/4 DP Act. They had not given anything in gifts as well.

I am in a fix as have heard that in UP the bail process is difficult. The other side is banking on this as this is the only point that make me weak to compromise. I have been able to secure bail fro myself though I had to be in custody for one day as the lower court rejects the bail an d I had to secure it from District Court. The lawyers say that this is how it works in UP anthe main accused has to take from district court only.

The Chargesheet is now filed and I have received summons to appear in March so will my family members get bail on appearenece generally as by then the mediation would have failed and the other side would leave no stone unturned to oppose my bail.

Please advise the next steps and precautions I can take.

BS Sallan   18 February 2011 at 17:54

Criminal Trial in a court , reliance on Domestic Enquiry

Dear Sir, shall be greatful to learn whether findings of Investigation conducted by Vigilance Deptt of a Company be relied upon /treated as evidence in a criminal trial in the court.

In one case, the in company vigilance report which is conducted for domestic enquiry procedings also recommended filing of FIR against on of the officers under PC act and crpc. The company filed FIR against one of its officers. The police conducted the investigation and filed challan in the trial court. Now please advise whether the said vigilance report and domestic enquiry findings be a basis/evidence for the proceedings in the trial court.

Regards,

BS Sallan

Anonymous   18 February 2011 at 16:35

False FIR

A false FIR is lodged against Public Servant("Mr.A") and Supplier Farm(B).

Fact of the case is that Supplier Farm(B) is awarded with some supply work by the government.Accordingly supply was made by Supplier Farm(B) and received by Public Servant("Mr.A").

But according to private person who lodged the FIR the supplied materials never reached the office of Public Servant("Mr.A") nor in the project site for which material was allotted though it was dispatched from Supplier Farm(B) place.so they alleged that it was misappropriated by Supplier Farm(B) and Public Servant("Mr.A").

Now under above FIR by two private person the case is registered under Section 407/409/34 of IPC by the Police Station which have jurisdiction over the Supplier Farm(B).Though two private persons who lodged the FIR belong from the place where Public Servant (Mr.A) is serving but they did not lodged any FIR in th Police Station which have a jurisdiction over Public Servant (Mr.A)serving place and the place where the government project is going on.

Moreover this FIR is Politically motivated and the OFFICER-IN-CHARGE is taking self interest in this case that is why the FIR is lodged place where his have jurisdiction not in the place where Public Servant (Mr.A) is serving.
Question:-
1-under above fact what is the best legal remedies available to Public Servant (Mr.A). Should he go for anticipatory bail or Quashed of FIR.???
2- Under above fact do Police from Police Station where FIR is lodged have right to arrest Public Servant (Mr.A).??
3-Under above fact do O.C. of concerned police station has right to take cognizances of above FIR/Case.???
3- Any others legal advice Pliz.??

Anonymous   18 February 2011 at 09:39

is data filed in charge sheet final ?

hi,

there is one case on my name. and in the charge sheet it is mentioned by the police people that mobile network operator (IDEA) has no data available with them against me which says that i have done the mistake.

But my lawyer is saying that in the confidential report given by police people to judge there is some evidence which they got from mobile network operator.

is this possible at any time ? is data in charge sheet not final ? will police people give any confidential data to judge which does not reflect in chargesheet ?

Bruce Shiv   18 February 2011 at 09:37

498a

If my estranged wife cancels the charge sheet from the lower court by being a hostile witness does the matter end there? Or, does a quashing of the FIR also have to be done in the high court too?