Mohd Musabbir Ansari
01 January 2011 at 12:27
Dear Ld. Advocates
First of all Happy New Year to You All!
My query is like this: One of my client has been arrested by crime branch in pursuance of 3 different FIR registered 3 different police station of NCT of Delhi under same section i.e. 328,379,411,& 34 IPC.
One of the comlainant has identified him.Even one Mobile of the accused has been recovered from her possession. He has been remanded very badly. his legs has been fractured and now same has been plastered. But despite this police action he did not disclose anything about remaining 46 items of complainant.
Now he is lying in JC since 20 days.HE has previous conviction record also.
What should i include in bail petition so that strong chances of bail may arise.
also help me in providing some case laws supporting my bail applications.
I am eagerly waiting your response.
Thanks.
Kumar Krishan Agarwal Advocate
01 January 2011 at 00:46
My Learned Friends Happy new Year to all of You.
Facts:-
That if the victim was get sustained injuries by the accuseds then victim first has approached to the police station for the FIR registration but police refused at first instance. Then the victim approached to the SSP which was not available at his office. The Govt. District Hospital also refused to make any medical report without the FIR and presence of a police constable of that Police station where the crime comes under its jurisdiction.
That I may yesterday get faced similar case where the police refused to lodge an FIR of the victim and S.S.P was not available and the Government District Hospital doctors refused to examine the injured party and making of a medical examination report, without the FIR and presence of constable of concerned Police station where crime was held.
Now my Queries are:-
1. That if the victim self approached to the Government medical hospital for the full examination of the sustained injuries on his body and may ask for first medical treatment to become recuperate then it is right under Rule of Law that the Medical staff/doctor refuses him by saying that to first lodge an FIR and bring a constable for the medical examination of the victim.?
2. Is It necessary always to first lodge an FIR although police not supporting to the victim for getting the proper medical examination under the Government Hospital.?
3. If the doctors denied for medical examination then what legal remedies are available for victim under Rule of law and which may goes against the doctors bounden duty & willful negligence of the Govt. Hospital employees.?
param
31 December 2010 at 21:48
please help me,my ex-wife has filed a case against me ,FIR is due in day r two.
what are proofs required to prove living relationship----------please
charges ARE 313,511,376,420
we both had taken divorce(mutual cosent on 17 july 2008 dissolution judgement given by courct afterstaying away around 2.5 years,case has been filed for mutual consent divorce)
...She was living with me after a gap of 4 yrs.
she came and stayed with me since 2009
she is saying,she has been allured in the pretext of remarrying,involving me,Mother ,father,Brother(because of tickets booked from brother credit card,he is Major in army) in 376IPC and also determination of sex also.
whereas my wife is not residing with me since may 2010.
i heard no bails in this case for 6 months
question of sex determination doesnt arise because when she moved from here no whereabout was there of child.how shall i prove
Note::::::::::::::can i get easily bail or wat could be the time frame.
R.SHAH
31 December 2010 at 16:37
SIR,
5 MONTHS AFTER DISMISSAL OF CASE, CAN I INVOKED A COMPLAINT TO MAGISTRATE ABOUT FALSE CLAIMS IN THAT CASE.
OR CRPC 195 1(B)i,ii WOULD BE A BAR FOR IPC 209,210.
IF IT WOULD BE A BAR THEN TO WHOM I SHOULD APPROACHED FOR MAKING COMPLIANT AS THAT CASE OF DISPOSED OFF BY DISMISSAL.
IF, I HAVE TO MAKE COMPLIANT BEFORER COURT, WHOM TO I SHOULD WHTHER CJM OR JMFC COURT.
IN ALL THIS A PRIVATE CASE CAN MAINTAINBLE U/S209,210 IPC.
KINDLY ADVICE ME TECHNICALLITY OF THE CASE.
ANY RELEVANT CITATION WOULD BE HELPFUL.
Om Prakash Dhusia
31 December 2010 at 15:43
Sir,when an application is submitted to police and the police register it under:
1)Crime No.-Nil
2)IPC section.-Missing person's information.
3)No witness/witnesses.
4)No apprehension.
would it be considered as FIR u/s 154 CrPC?Though as per H'ble SC guidelines/judgment,the FIR should not be a Mahabharat.However the application was submiited 13 Hours after the adult was asked to accompany by some known people on payment of money and the adult did not come back.
Vijayendra Navale
31 December 2010 at 12:49
Dear sir/madam, In a criminal case U/sec -307 of IPC, the police had filed a charge sheet against 16 accused persons. But A 1 is absconding prior to FIR. Still now police has not yet traced A 1 and NBW is still pending . I have filed vakalatha for A 2 to A 16 . Since one and half years the Magistrate is not ready to Commit the case to sessions court. Hence i have filed an IA U/sec 209 of Cr.pc to split up the charge sheet and to commit A 2 to A 16. Is it tenable under law. If anybody had case laws please advice Thanks.
Advocate Umesh
31 December 2010 at 11:01
I have filled private complaint u/s. 200 of Cr.P.C. for dowry death u/s. 498, 306 of IPC.
At the time of filling the complaint I filled list of witnesses.
But in the Investigation made by police u/s. 156(3) of Cr.P.C. above witnesses doesn't support my complaint. hence police submitted Report u/s. 169 of Cr.P.C.
Now I filled Protest Petition and at this stage 4 new witnesses are ready to lead evidence. can they filled affidavit as witnesses even I doesn't listed in the complaint and police also not esquire to them as witnesses. if yes under what provision of Cr.P.C. & Evidence Act. Please Guide.
Thank You.
Anonymous
30 December 2010 at 23:05
My borrower is one of my friend--a Govt. employee.
I fear that the cheque she issued me--must have been stopped or the account must have been closed---Can I file a case under 138 NIA or Order 37 or both.
Please suggest the best way out for quick recovery.
Anonymous
30 December 2010 at 21:27
can a police without submitting a vehicle seized to the court and the vehicle is not claimed by third party can the court order for consfication without C.P.R number at this tyhird party has filed for return of property what is the stauts of the person who files for recovery of the property is ther any apex court judgements that police can auction property under unmarked objects.
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magistrate power to grant bail IN those offences which are triable by sessions court
Hallo all of u
the most unexplained query of junior practitioner is that
whether magistrate having any jurisdiction regarding bail to those offenses which are exclusively triable by sessions court
THEN U HAVE TO ALWAYS REMEMBER FOLLOWING POINTS WHILE FILLING PETITION U/S 437 Cr,P,C
1) You have to Argue HOW THE ALLEGED OFFENSE IS NOT MADE OUT---- U HAVE TO READ THE NECESSARY INGREDIENTS OF THAT SECTION
2) Find out the necessary ingredients which are missing in the allegations which can be found in story of F.I.R. (ITS ALWAYS HELP IN THOSE OFFENSE LIKE 395,399,of IPC & atrocities CASES in Sessions case. U can take benefit in other non bailable cases which are triable by j.m.f.c. court
3) You have to always focus on what type of recovery has been made by IO from accused in the ABSENCE OF MATERIAL RECOVERY u have to show the magistrate why the prima-facie offense is not made out
4) Magistrate can not reject petition on ground that offense is triable by sessions court.The magistrate has to decide the petition on merits and the fact ther are a lot of case laws
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