Anonymous
25 December 2010 at 21:32
I qouls like to know whether an accused in corruption case request the concerned department to withdraw the sanction for prosecution granted . if so what are the documents and evidence the accused has to produce before the department. Any similar case where the department withdraw the sanction. Since the investigating agency places its own views and statements before the departmental authorities for getting the sanction for prosecution. A one sided story. If the accused on the basis f evidence shows that there is no case for sanction etc. pl guide
Om Prakash Dhusia
25 December 2010 at 19:36
Sir,it is a matter of reality that accused being the common man is not allowed to plead his case in the court and he has to be represented by a lawyer, even on state expences,and he never speaks in the court except while required u/s 313 of CrPC and the accused are docked far away, where they would not be able to listen to what their lawyer is submiiting, then why in every judgment it is mentioned that,"accused did not confront or raise the issue before the court or PW or IO and ultimately the accused has to suffer the consequences only because he signed on a piece of paper called Vakaltnama, thereby mortgaged his life to an unknown?Can any one shed light onto this calamity?
Om Prakash Dhusia
25 December 2010 at 19:25
Dear Sirs:-1)During cross-examination if certain issues were not confronted by defence with PW,will statement from PW would be fatal for accused?2)If prosecution did not raise objection to the statement of PW which was contrary to what he spoke in statement u/s 161 CrPC,thereby not declaring him "Hostile"& even if, then also PW was not Examinationed-in-chief,which of the statement would be admissible as evidence against accused?3)If the FIR is stated to be lodged on a particular date on record but IO during cross-examination mentioned it to be on different date,what it be construed as?4)How to prove, the trial judge was biased towards accused?Any takers please.
Anonymous
25 December 2010 at 19:22
I would request the learned experts to help to save an innocent life. Details are given below. My sister from Calcutta was married to one in Delhi C.R.Park. Her husband had two elder brothers & one sister. The 2nd brother (late) was an NRI married to an irish lady who is in a old age home in England. The 1st brother (late) has wife who has gone to settle at Calcutta. Before going, she has taken Rs.20lakhs from a builder & told that they can build flats on the land after demolishing the existing one story house of around 2000 sft. The land was give by the Delhi Govt to the father in law (late) of my sister after they came to Delhi from East Bengal. The sister in law of my sister is married to a Punjabi businessman (having one daughter & a son both settled in Canada) & also is interested to take money from the builders. None of the 2 brothers in law of my sister has any child. My sister has one son of age 20 years. The problem is that the greedy wife of my sister’s 1st brother in law had occupied most of the portions of the big house arbitrarily & has put a brick wall for closing a passage which connects the rest of the building leaving just 2 rooms a toilet for my sister’s family to live. Because of showing respect to her age it could not be effectively stopped. There is a queue of builders/unknown people/self styled well wishers who made my sister’s life miserable with advises to agree to take some money & leave the place. My sister & her husband want to stay there. Now, before 2 years my sister had to break that small wall which closed the passage to go to the kitchen garden to remove the ants from the other side of the window & also clean the area. Strangely from no where police from C.R. Park Police station came & arrested my brother in law & took him to Tihar jail. My sister was destroyed mentally & went to Police station next day to enquire & was also arrested & sent to Tihar jail. All for trespassing in to others area. They got bail after 7 days. They are mentally killed. A middle class educated (M.Sc.) girl from Bengal going to Tihar jail for trying to remove ants from the window of her own father in law’s house which was never partitioned is not her cake. Understand that an EX RAW (retired)neighbour who has joined the builders has pulled the string. The builders have paid heavily the Police & they even took photographs which was super imposed showing that a big wall was broken & placed the EX RAW neighbour as witness in the court. The magistrate was also surprised & asked if it is a criminal case. My sister has confessed that yes she had broken the wall closing the passage for the purpose of cleaning the window. The case is coming in 1st week of Jan,11. The problem is which lawyer she has contacted has either tried to sabotage her stand or has shown extreme interest to help her in negotiating with the builders. Her husband is long retired & a patient. Her son also is a mental patient. She runs her family by conducting private tuitions. She contacted a NGO for help & their lawyer also started taking about listening to the builders after 1 hearing. It seems that the builders have purchased everybody she came across. My question is
(1) Frankly, does she has a chance? Is it possible for her to stay in her own house with out disturbance?
(2) Can the O.C.of C.R.Park Police station be brought to books for over acting & destroying a family being influenced by money?
(3) Can the EX-RAW neighbour be brought to books forjoining hands with the builders & police by complaining to police for nothing.
(4) Can any body give phone nos. of reliable NGOs & lawyers with fees affordable to her who will not join with the builders midway.
(5) Can I write a letter/complain to any authority at N.Delhi from Calcutta. If yes who should I write. Police Station is completely purchased & is pressuring her regularly to agree to the builders offer.
(6) What she should tell now in the Court. She is alone & may be punished in a cooked up case after which the builders will force her to leave the place.
(7) What should she do now. Please help urgently. She is alone.
Anonymous
25 December 2010 at 19:14
Hello
I have a query and it goes like this:
There is a motorcycle owned by X, X is presently working abroad, this bike was used by Y (father of X)during this time this bike was stolen and subsequently recovered. No body arrested. Mr. Y filed for release of Motorcycle, police say (basically no objection for release),application dismissed as Mr. Y is not the owner of bike. Mr. X is not like to come back soon,if the property remains with police it will be scrap within a month or less. Complaint filed by Y. Application also filed by Y.
Is there any way to release the bike?
Can a possessor of the bike release the same? (Original RC book in possession of Y).
If yes please send me some decisions. thanks.
D S DOCTOR
25 December 2010 at 18:12
CAN ACCUSE ENTILE TO GET EVIDENCE WHICH WILL BEFORE THE FRAMING OF CHARGE IN WARRANT TRAIBLE CASE INSITUE ON OTHER THEN POLICE,PL PROVIDE JUDGEMENT OF APEX COURT
Anonymous
25 December 2010 at 14:34
my charge sheet has been filed,but my bail is still pending.I wanna know when are the charges framed,and when can i go for dismissal of the criminal complaint against me.
navin
25 December 2010 at 14:10
Respected sir.
if the orders of maintenance passed by the magistrate
1)how long husband has to give maintenance
2)if person wont be able to give maintenance in such scene what punishment court can give to the husband.because husband has already shown his incapability to give but court has passed the orders of maintenance.
navin
25 December 2010 at 14:09
Respected sir.
if the orders of maintenance passed by the magistrate
1)how long husband has to give maintenance
2)if person wont be able to give maintenance in such scene what punishment court can give to the husband.because husband has already shown his incapability to give but court has passed the orders of maintenance.
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Re: Format for Application U/S 340 Cr.P.C.
Dear Sirs,
Can you please guide on the format for filling application U/S 340 Cr.P.C.
Two cases for maintenance are pending with a MM court in Delhi , filed by a mother against her son under U/s 12 & 23 of PWDV Act-2005 and U/S 125 Cr.P.C. In her complaint filed on oath the mother says that she doesn't have any source of Income and she is on the Stage of starvation. While ,the fact of the matter is that she is getting pension over Rs 8,500/- per month from Govt.of India. She maintains 7 fixed deposits over Rs. 6.00 lakhs and Five Saving Bank Accounts with various Public Sector Bank having balances over Rs. 5.00 lakhs, she stays in her own house .The son has collected the evidences from the Pension Paying Authority and the concerned Banks also.
Can the son file a case U/S 340 for perjury U/S 182,193,211 I.P.C.Also can he file case U/S 340 for enquiry U/s 195 (1) a(ii) against his two sisters who abeted the mother to file false maintenance cases against her son by making false statement on oath before the Court.
Is this 340 case be filed with the same MM court where the aforesaid cases are pending or with some superior court viz. ACMM or ASJ.
Kindly advise.