Anonymous
27 December 2010 at 23:10
I have querry in relation to a cr.P. code. writ appeal is filed in which i am respondent. while admitting said appeal, concerned single bench judge of hcourt has commiitted very serious error of not appreciation facts in correct ways as well not appreciating legal position. SO i wish to knw whether can i challenge this dec of admission before the dev. bench of hcourt by way of revision. i dnt want to go in for supreme court as it is beyond reach. kindly reply in this with supporting citation, if any . Thnx all .
Anonymous
27 December 2010 at 19:45
Sir,
I have filed the AB before the ASJ and have filed the POA instead of Vakalatnama as there is no professional fee is involved between us
Please inform whether its is against the code of conduct?
Anonymous
27 December 2010 at 19:04
Sir
I wud like to point out that several corruption cass are p[ending in the indian courts. Supreme Court in its order in several cases has clearly pointed out that the basic ingredients required to frame charges must be looked into. Since nowadays cbi has vbeen used as a tool to gain publicity. and the complainants becomes heroes and whistleblowers etc. only poor govt servants get caught. What are the basic ingredients required for framing corruption charges?
Demand, acceptance,recovery either all the three or anyone of them. sionce mere acceptance of money cannot prove bribe pl explain in detail
Anonymous
27 December 2010 at 17:56
what is the difference between section 304 part I and 304 part II ?
what is culpable homicide amounting to murder and not amounting to murder?
Anonymous
27 December 2010 at 15:54
Suppose a thief burglared my house, suddenly I enter my house, the thief attacks me but I kill him before he could hurt me.
Would I be tried for a murder or not?
Anonymous
27 December 2010 at 14:30
Against chargesheet u/s 420/467/468/471 , BW has been issued against the accussed for appearance. But for bail, my counsel is stating that these offences are non-bailable and bail application shall be rejected by the lower court even it is very strong case because lower court do not grant bail in such cases and reject the application outrightly without going into merit of the case. He also suggested that in that case accussed will have to go to jail till his bail is accepted by DJ/Session court. Is this correct that lower court do not consider the merits of the case under these offences OR can we file bail application directly to session court. What are the remedies to save the accussed from going to jail if his case is highly meritious.
R.N.Pandey
27 December 2010 at 12:24
mother's property of an absconder accused U/s 302IPC ( as shown by police ) can be attached U/s 83Cr.P.C. If not ps. give us rullings
Anonymous
27 December 2010 at 09:09
can any one pl explain the meaning of the above charges whether only 120 B is main charges or charges under all sections metioned above
Om Prakash Dhusia
27 December 2010 at 04:21
Dear Mr.Arun Kumar Bhagat:You asked me about carbon copy evidence.Sir in our case u/s364/302/201IPC,PW stated in his testimony that,"He mentioned accused name on somebody's instance" and his testimony of that day was over.But after some months he was re-called by the court and PW changed that dialogue into that,"He saw the accused and after recognising them well, mentioned their name", to which our then defence lawyer did not cross-examined him and left the court in disgust.At the end, the judge relied on the last testimony of PW and convicted us on the available carbon copy of the last statement.
Ironically when we went to court for the copy of that statement it was informed by the court employee that the original of the last statement was found missing from the files and only a carbon copy of that statement was available and we were not supplied the copy of that last statementfor being original not available.What I am asking about is that:1)The statement of PW is written by peshkar or court clerk,signed by PW and conter-signed by the Judge, so that becomes a DOCUMENT.Does this statement comes under the perview of section 65 of Indian Evidence Act or not?
2)If not then under what act or law this statement considered as?
3)Can judge rely on this carbon copy of the original statement for conviction when original is un-available?Because as per above act, this can not be treated as document since it can not be compared with the original.
4)Since judge has already finalised the case and sentenced the accused on 30-10-2010,by relying on the carbon copy,he can not recall PW to re-record his statement,what recourse the judge has now?
5)Can the Judge with the consent of defence and prosecution lawyers build a replica of original for submission in the H'ble High Court during appeal by the accused,because then that would amount to forgery?
6)Or the judge is free to act as per his wishes because he can not be challenged for his misdeeds?
7)Where to approach for its redressal since appeal may take another ten years, though I have submitted a complain to the H'ble Chief Justice at Allhabad High Court on 19-12-2010 vide registered post.
This is a very delicate and complicated issue, so please think it over and advise me accordingly.
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Deposition of PW before trial Judge
Mr.Bhagat,I have corrected myself on this issue, this was the deposition by PW under oath before trial judge.It was written by Peshkar,signed by PW and countersigned by the judge.I do not remember whether carbon-copy of it was signed with original signature of the judge separately or is the impression of original signature on that carbon copy but normally no-one signs the carbon copy because it is the copy of the original.And if someone signs on the carbon copy also, does it consider to be original?I dont think it does so?
But during our approach to trial judge's consent after bail orders from the H'ble High Court-Lucknow,he was simply blaming us for the dis-appearance of the original and declined to sign on the bail papers but when we requested him for seeking District Judge's interference then reluctantly signed on the bail papers.But he was furious and in rage & informed us that he would be conducting a departmental enquiry to find scapegoat for his in-efficiency or lapse.Any way that was not of our concern.But this indicates that he knew that he lost the ground otherwise if that document is not significantly that important, why should he bother about since he has the copy of it?But how about the accused, who are not in possession of the copy of the copy of that carbon copy?So in absence of the latter, we would be inclined to understand that the judge has convicted us without the evidence and can even claim that there was no deposition by PW as such because the other part of the deposition proves us innocent?
2)Can you sir, concur whether, still it be considered as deposition of PW for conviction of the accused in the presently decided case on 30-10-2010?
3)What these Criminal rules and Orders of the State are?State means-Uttar Pradesh or the India and from where I can get these?
4)Can you sir clarify as to what does it mean to say that,"For the instant case, it is not documentary evidence,it may be used as evidence for other case"What does this OTHER CASE you meant for?There is no other case on us.
5)The judge has already violated the law of the land, crossed his limits, shown his biased attitude, lost the valuable document,was prejudice towards accused and even blamed us for his own wrongdoings by not protecting the documents unde his custody and above all, Do Judges are not human beings, so not subjected to committing all which I have mentioned here?Even if I am proved to be wrong at later date but at present juncture what is the remedy available for me apart from going for appeal in the H'ble High Court but that is not going to come up for atleast another ten yeras or so?
6)What can be the instant remedy at present?