Anonymous
21 January 2011 at 19:22
Dear Sir / Madam,
Please let me know can person file a Discharge Application as the case has not come on board as more than 5 years has been passed, the chargesheet has been filed by the police, case is registered U/S. 367, 368, 408, 409, 420 with 120B.
the High Court has told that the case registered cannot be tried as the court as no judiciary.
Suresh Babu Rai
21 January 2011 at 19:00
Namaskaram (In Telugu) !
Sir!
In a 494 complaint pending with the JMFC Court, in which I am defending the matter on behalf of Accused, the petitioner/Complainant has filed a petition under Section 62 R/W 482 of Cr.P.C praying the court to handover the summons to her personally or to her counsel, if it is so there is every possibility to forge the signature of the A2, who is alleged to have been married with A1(during the subsisting the first marrige between complainant and A1)who is not residing with A1 in the address mentioned by the complainat, I have to file a counter for the said petition. Is there such provision to do so ? How I am contest the same with my counter ?
Thank you to proceed wtih the query !
A.P.Rajagopal
21 January 2011 at 17:48
sir,
my client presented a cheque of his customer for collection which has been bounced by him and i failed to send a notice within 30 days and even its past 3 months and the cheque is not valid now since 6 months validity period has expired. filing a recovery of money suit as per cpc will come to halt after so many years and stamp cost also involved and hence shall he can be sued for breach of trust,forgery,cheating and fraud under ipc. is there any authority available for it. may kly be advised on this .
tks
raj
Anonymous
21 January 2011 at 15:26
Sir, A property is leaseowned and rented out to a nursing home in kolkata, whose employees were accused in an FIR under section 148/149/504/506(ii)/324/436/34 of IPC, in a case dated 07/2009.my friend is the general manager of a nursing home who are the tenants. There was a previous rent dispute beetween the landlord and the tenants/ On 29th December, 2010, our lawyer asked my friend and two other employees to surrender in court thinking the case to have been registered under section 430, instead of 436, when the ld judge pointed out that the section is 436 and not 430 as thought by the lawyer, he wanted to take back the petition when the judge ordered that it is not possible and put my friend under judicial custody. on the next day, ie, 30th December, 2010, the bail application was rejected by the lower court. then we moved the session court for bail on 4th januaury 2011, where the ld chief judge refused bail. the next date for bail application was made for 18th january. on 18th january the ld chief judge delegated his powers to additional jugde and the application was heard by the additional judge. during the proceedings, the defacto complainant came and gave a written declaration that he does not have any objection if bail is granted to the accused. the ld p.p. also contended that he does not have any objection if bail is granted to the accused. In spite of this, the ld judge denied bail stating there are sufficeint matter in the FIR to reject bail. Another hearing has been scheduled for 28th. can u pl throw some light as to why the bail has been rejected and if there is any scope in the next hearing? is there any other way to secure bail? thank you.
Anonymous
21 January 2011 at 13:02
have a question a FIR was registered against me and my family u/s 498A, 406, 502, 3/4 Dowry Prohibition act in UP. we filed a criminal writ petition for quashing of FIR- that provided us interim relief of stay of arrest. The final decision will be made by HC on our stay of arrest when the mediation centre allahabad submits its report to HC. The case is in mediation and still not referred back to court.
In between the chargesheet got filed and I have received summons to appear before the CJM court. Can I appear before the CJM court on the date prescribed though I dont have regular bail - as the HC order is atill valid and did not have a clause that say is upto chargesheet.
1.I have consulted my lawyer he says I need not appear on the date and lawyer will present the HC order- but the orders from HC just stays arrest but dont grant me relief of not appearing in trial court.
2. If I appear before the CJM court on the date and not apply for bail can I be arrested- I feel the HC order are valid till a frsh decision is taken by HC on the issue.
Please Advise.
Siddharth
21 January 2011 at 01:52
Hi,
I am not very much familier with provisions of IPC. But I doubt my career can be in danger. I live in joint family of 8 persons. Recently my uncle got married to a woman who unluckily is an maniac and one can call her mentally ill. She even had tried to kill herself before marriage this thing came to us later. Now she has started fighting with my Mom and Dad and even me. My Grandpa and Grandma also support her because they fear that if she killed herself? Now I have a fear that if in future she agains kills herself or try to harm herself and she or her father (who is very evil with us three)put a case against my dad or mom or even me for harassement or anything then can they do so? I am very law fearing person and currently studying B.E. I want to know if I can make or do something like to same myself from future false proceedings on us? If I take videos of all her insane behaviour will it be a useful evidence in court? Is there anything that can help me?
Anonymous
21 January 2011 at 00:05
how much importance is given to a suicide note posted on internet like on social networks viz orkut facebook? its not a hand written note by the victim. is this E-suicidal note is valid in indian law if yes then to what extent.
Anonymous
20 January 2011 at 21:44
hi..i am charged under one case related to sending obscene sms to a person who vowed money to me. But chargesheet is filed saying that there is no evidence related to that. now i am attending case in warangal. now i am getting bored of attending it here as there is no progress in the case. every month it is getting postponed. can anything be done to speed up that ? is there any way for me to come out of this case once for all ? can i escape from this case ?
Anonymous
20 January 2011 at 21:40
Hi sir,
i applied for quashing of a case in hdyerabad high court. i applied for it almost 3 months back. till date no decision is taken on that. and its getting postponed day after day. Is there any solution for that. even if the case is not quashed atleast i want it to be kept in abeyance so that i need not attend court here locally. can some one suggest me this.
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mediation centre
Is it possible to take new date from mediation centre, through application? If some one wants to take prior date from the date fixed by mediation centre.