Anonymous
31 January 2011 at 19:35
what is the general gap between the dates we get in a 498A case. I checked with the court staff they say not more than one month between two dates. In that case the case would progress too fats and I think should conclude in 2 years maximum.
Anonymous
31 January 2011 at 15:49
Whether a person can be declared 'proclaimed offender' in a complainat under section 138 N.I.Act in view of sec.82(4)Cr.P.c?
If not, what procedure will be adopted by the courts to deal with the complaint/case after publication of the proclamation under sec. 82(1)& (2) cr.p.c.? Kindly give the citation if any.
Anonymous
31 January 2011 at 15:15
I have to lodge a defamation complaint against my relatives for offence punishable u/s 499/500 IPC. Pl let me know whether the complaint can be presented to Magistrate directly by me or whether I would need to hire an advocate for lodging the above complaint ? What is the exact procedure ?
Balaji Bakthavathsal
31 January 2011 at 11:59
Dear Learned Advocates,
I would be very grateful to you if you could share your valuable suggestion/opinion/guidance on a criminal issue of property grabbing which is tormenting me for the past four years.
The Crime Branch Police filed the FIR on a group of people in a property grabbing case who attempted to grab my property with the help of fake documents, after the intervention of the High Court of Madras based on the petition filed by me. The first two accused got the anticipatory bail from the High Court and the High Court granted them AB with the condition that they should cooperate with the police for the interrogation and should present whenever they are summoned. However, the accused never turned up to police till date, though it is more than one year, to present the documents in their possession or to prove that they are having the legal share in the property. In the meanwhile, the AB got by the accused got cancelled by me as it was obtained by submitting false information to the honourable court and the accused failed to turn up to the police which was stipulated as one of the condition. Though it is more than one year, the police personnel never attempted to apprehend the accused and whenever I approach the police, they say that they are ready with the charge sheet and soon they will be filing the charge sheet within a week and thus they are elusive.
Now my question is, can I approach and seek the help of the High Court to get the arrest warrant and arrest the accused No. 1 and 2 who are the root cause for all my trouble ? If yes, please let me know the procedure.
I would like to add that I submitted another petition to transfer the case to CB CID since the police is inactive and dragging the case for long, but there is no response to that petition of mine and my advocate states that since the accused submitted a petition seeking quash of the FIR, it will be kept pending till quash petition is disposed.
I am really frustrated in filing petition after petition in the court, case after case simply for no fault of mine but due to a fraudulent person. First, I had to file a Crl.O.P. to initiate the FIR, secondly I filed a petition to cancel the Anticiapatory bail, then thirdly again I submitted a petition against the quashing of the FIR, again for the fourth time another petition to transfer the case from Crime Branch to CB CID. Is this the way our government and judicial system provide protection and security to a common man? For heaven’s sake, please don’t say that the law is taking its own time to ensure that an innocent is not punished. Just by looking at a glance of the documents submitted by me as well as the documents that are in possession with the accused, a just born child too can tell who is guilty/fraud and who is innocent. I am extremely sorry if I have used harsh words. Please suggest me a remedy.
Thanks & Regards
Balaji
Anonymous
31 January 2011 at 11:35
firstly suit of partion is pending, Defendant made excess purchase
Criminal complaint file court directed 156[3] order further police submitted report stating thaere is no offence .but compalnant filed say to that application court ordered for reinvestigation so suggest next
Sunlawseeker
30 January 2011 at 22:01
Dear Advocates !
I'm practicing on investment or financial law because of which not aware of criminal side well.
MY QUERY:
My client is working as a sales man in a ration shop.
He has been involved by his superior in a false allegation that he had involved in a smuggling of rice from the shop.
But, he denies that allegation whereas their superior is going to give complaint in food cell.
Kindly suggest me what should i do in this regard to save him from this false allegation?
Thanking you
Regards
V.Sundaresan
Anonymous
30 January 2011 at 18:51
Can a court continue Criminal case registered u/ss 120B,420,467,468,471 of IPC & under Sec 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against a Bank Officer even after the court has discharged the accused from the offences punishable u/s 13(2) r.w. Section 13(1)(d) citing that the Bank has refused to give permission to the investigating agency to prosecute the Officer. When the offence under the provision of Prevention of Corruption Act is not made out, how can court continue with the sections of IPC.
Anonymous
30 January 2011 at 18:44
sir,
when public prosecutor gives his opinion when asked for by the I.O the case, is solely on that opinion and not on any further investigation police can file the charge-sheet.if yes is there any relevent case law on the issue or if no then also is there is any relevant case law to support this argument that-
"opinion of P.P can not be the sole basis of filing the charge sheet and just on that ground magistrate can not take the congnizance of the case."
Anonymous
30 January 2011 at 18:42
sir,
when public prosecutor gives his opinion when asked for by the I.O the case, is solely on that opinion and not on any further investigation police can file the charge-sheet.if yes is there any relevent case law on the issue or if no then also is there is any relevant case law to support this argument that-
"opinion of P.P can not be the sole basis of filing the charge sheet and just on that ground magistrate can not take the congnizance of the case."
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procedure
What procedure should have been followed in the trial of a complaint case summoned under 323/34 IPC? Please inform all the steps in details?