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Member (Account Deleted)   13 January 2011 at 15:39

case instituted upon filing a false evidence

If a case has been instituted by petitioners relying upon some documents, which are false and fabricated by themselves and they know it to be false, which section of IPC relates to this kind of perjury and under which sections of crpc, we can pray for initiation of proceedings before the court dealing with the matter, keeping in view that the evidence was not fabricated during the proceedings but, while the case was instituted ?

Anonymous   13 January 2011 at 13:00

first Appearence in 498A trial court

I have a question I have to appear in February in the trial court as I have received summons to appear.

This is the first date I am on regular bail but my family members charged took stay of arrest from HC. The case before HC is pending and whether the stay of arrest need to be continued or not will be decided once the case is listed before the HC after mediation centre submits its report.

1.Can my family members appear before the trail court and do not seek bail on first date basis the HC order.... and not apply for regular bail on the first date.

2. If they apply for bail will it be granted on first date as I have regular bail being the main accused. But there are Sec 406 charges most of which are incorrect. I cant return the streedhan that I dont have. Will this impact my family members bail on the first date.

Anonymous   13 January 2011 at 08:59

Quash of FIR

There are 5 accused in FIR. Only one accused seems to be connected with the offense. Can any of the other accused ask for quashing the FIR?

Dr V. Nageswara Rao   13 January 2011 at 07:42

Approver

Can a "person" be tendered pardon under S. 306 even though he is not formally an "accused" in the sense of charge-sheeting him? Or will S. 306 apply only if the accomplice is not a mere suspect but also an accused person? Is there a Court decision on this? I am a professor of law and this is an academic question and not case-related.

Anonymous   12 January 2011 at 23:16

regarding my project topic:- joinder of charges

Sir/Mam,
my project topic for Crpc is joinder of charges please give some information and key factors which would helpful to elobrate my project topic.
I will be very thankful to you if you can acknowledge me with some brief on my project topic:- joinder of charges and send some material on it.

my regards,
Ankit Kumar Nema,
Undergrad. Student of Law, B.B.A., LL.B. (H),
MATS Law School, Raipur(C.G)

visu   12 January 2011 at 19:25

anonymous deposit

When we find a anonymous deposit to a bank account;
a) Can we file case before NATIONAL CLEARING HOUSE
b) RBI
c) against PMLA (Prevention of Money Laundering Act)
d) Conspiracy u/s 172 of cr. pc
e) Defaming a name
or any other quotes and rules.

Experts pl. suggest and advise.

Anonymous   12 January 2011 at 18:50

Police is refusing to register an FIR

Ld Counsels,

Police is refusing to register an FIR on frivolus reasons. They are bribed. I want to file a private complaint.

should the private complaint have the police complaint as an annexure or should there be a seperate complaint in the form of an affidavit in legal sized paper need to be filed.

Pls help me with the correct course of action.

Thanks.

Anonymous   12 January 2011 at 10:13

convicted

accused is convicted in 138 NI and he got six month punishment 55,000/- fine.But he is got bail from court for two month.Now his bail is completed and he is not paid fine so what is the next process

R.SHAH   12 January 2011 at 09:36

theft & criminal breach of trust, together

Hi all,

i want to file private complaint, short story is my ex-wife who denied my religious divorce and continued her conjugal rights case against me and recently she agreed got remaaried before the civil court of her conjugal rights case. and there after taken away all belonging of the house which is in her psossession after injuction order on it, not to sold flat n dispossess her. i due to criminal fear n 498a,406 case upon me i keep away in entering to my said flat. my belongings are resting there, now after agreeing her remaaried she taken away all of belongings from the said flat with help of three-four peoples. including my belongings also.

Now i want to file case of theft i.e. IPC 379,406, 120B & 34 for my belongings taken away. as she has not mentioned / declared in any of the court about her belongings nor i have made. as after divorce this criminal breach of trust be attracted. till 1 week before this acts she was claiming as my legal wedded wife and after admitting that she got remarried to some one else, she took all belongings of flat. without my consent.

kindly advise me in this regards that IPC 406 (crimninal brach of trust ) be made out or only IPC 379 will be work or IPC 379,406,120b are attracted in this case.

CHANDRA MOULI   12 January 2011 at 06:54

Cheque bounce matter

About 2 yrs ago, a news was that the Appex Court pronounced a judgement declaring that a cheque given as security by a 3rd person and if it is depositted in a bank and bounced, it can not be treated as an offence and tried. Will u please let me know the case numer and the text of that judgment...?

We have a case where in A gave loan to B.
B gave a cheque to A. C is a friend of B.
Hence C also gave a cheque to A as security. A depositted the cheque of C in a bank and it is bounced and case filed in a court. Trial is on. Now we want to argue that it being as security, it can not be tried interms of the said appex decision. Can we do so...?