Kumar Krishan Agarwal Advocate
22 December 2010 at 00:04
My Learned Friends,
1. When the use of Sec 340 come into effect ?
Explain it your own words than written language of this section.
2. Would it also applicable on private accuseds who affecting or creating any obstacle in the getting of justice thru court ?
3. Which Court of law has jurisdiction for this section 340 OR Triable by that court into which any offense of affecting administration of justice occurred ?
Anonymous
21 December 2010 at 20:55
Hello Sir ,
My name is Nit.I am 21 yrs Old. I am doing Software Engineering.Please Could you provide me Details about a case that has been unnecessarily put on me.
I use to reside at Pali Pereira Wadi, but the area has been taken over by the builder for demolition . 70% of the residents have been agreed with with the builder an left the place .
We had submitted ORIGINAL RATION CARDS to the builder but the SomeOne (According to me : Builder and the Chief Promoter (Person Who have Bought the Builder)) has Kept the Copy of ORIGINAL RATION CARD and have MADE A BOGUS RATION CARD on MY NAME as well as 10 Others.We were been arrested without any Investigation whether we have done or not ,but now we are out on Bail .
Till what extent can I DEFEND MYSELF ?
How can I Get Out of this Case ?
and
Come to know who exactly have MADE a BOGUS RATION CARD on my name ?
And
What action can I take on them ?
Please Reply as soon as Possible. Please .
Regards .
Nit
Anonymous
21 December 2010 at 18:15
In response to my RTI the concerned IO has replied that he has filed the chargesheet in November but I have not received the summons from the court yet. I checked in the CJM court and there they say that it comes through CO office. So how long would it generally takes for the Chargesheet to reach....and post receiving the chargesheet would the court issue us summons as some of us are under stay of arrest and will need to secure regular bail from the trial court.
will it be a issue securing a regular bail for the co-accused the sections are 498A, 3/4 DP, 406. The main accused me already secured a regular bail.
Anonymous
21 December 2010 at 15:05
Orignal complanant aproch high court for investigation from cid on the basis of lacuna in investigation by police authorities. high court directed to approch trial court for relief and trial court after inquiry order on application of the complainant. when complainant filed an application before magistrate, magistrate has raise an objection about jurisdiction to transfer investigation to cid. please refer some of the citation of the high court or apex court on this point
Anonymous
21 December 2010 at 12:10
I am really sorry that you all did not get, therefore i thought let me explain in more details, there are some people in my colony area, who are not happy with me due to my caste and my social works, so one day I was passing through my near by house street upto 6:30 a.m and suddenly the people appear and caught me, and made a PCR call accusing my false allegation, that we caught a thief and they tried to kill me but anyhow escaped by some other people. and the police came and made investigation, and there was not any robbing and no any stealing of good,but local police supported them and registered crpc case for both parties for SEM Court. and in the court ASI told very clearly and second party that he was not stealing any thing, and change his statement that he was taking photo of my house.
And So i want to know that
Is there any ground that I can take any legal action against these, and again i am getting threatens from these people. and i am not reach person that i can fight in high court or supreme court.
Kindly advice me what i do and how should i do, and what will be the result and duration of times
Thanking you
with kind Regards
Mahender
Mr Sreejit
21 December 2010 at 08:13
Ineed to file a wrti against Kokata Police but not finding an ideal advocate.
I need to file statement u/s 164.
Pls help/guide/assist me do this ASAP.
S. Sridhar
09047028232.
Om Prakash Dhusia
21 December 2010 at 01:05
Sir, this being the law of the land that when police GD(Roznamcha in Hindi belt)cites some name as PWs and writes PW's statement in GD although police is not duty bound to record as such but if it records,it becomes PW's true statement before police and a copy of it is sent to the area magistrate and the SP but later on when PW doesn't speak the same story as in the GD, he can or is declared Hostile, in the court and subjected to Examination-in-chief by the prosecutrix.Now here is the game:
a)If PW narrates the same story during EIC but feign memory lapse on certain vital points,namely date,place and time etc, will it still be admitable for conviction?
b)If PW speaks totally adverse during EIC to what is recorded in the GD, thereby absolving the accused,will it be construed as helping the accused thereby not admitable in the court and the same GD story would be admitted for conviction?
c)If PW improves his previous statement on another occassion during deposition in the court and defence failed to cross examine the PW, will it be treated fatal for the accused?
d)If PW deposes that the statement made in the court was on certain instructions from the interested but on second date he retracts that sentence, his new statement would be considered or he will be declared un-trustworthy for conviction?
e)And if PW keeps on adding in every sentence that I told this,I told that,and If it is not there in my statement by IO, it is not my fault.Will that statement by police in GD be considered as FABRICATION OF EVIDENCE?
Clarify please.
anshul sangal
20 December 2010 at 22:53
I want to know the full form of CO and SO under police act and their power and rank also
Kumar Goutam
20 December 2010 at 22:34
supreme cort recently ordered that bail can be issued in any matter if the applicant is ready/or it seems that he/she will sure co-operate with law/procedure. if any one know kindly mention the order in which case the order has been issued...
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Signature refused
My Learned Friend,
That in a legal compromise before court between Complainant C1 and Accuseds A1,A2,A3 recorded before the magistrate court and signed by the all parties. But on the next date of hearing the A3 refused turned away by saying that he has not signed this document before court.
1. Now What legal action can be brought against the A3 who turned away with the legal agreement between the parties C1,A1,A2,A3?
2. Can procedure of Sec 340 Cr.P.C is maintainable before the same court to take proper action after the preliminary inquiry against A3 ?
OR
We can file a legal private complaint under the specific violated IPC sections before the First class judicial Magistrate or any other magistrate (according to specific IPC sections jurisdiction) to take action against A3 ?
3. Is any other way according to your view ?
-------
My Ld friends Queries Reply ?
For Mr AA:- Matter was placed before court of law and not in lok Adalat. The A3 Statement was to pay certain amount to C1 against the case.
For Mr SS:- When you submit the legal drafted compromised matter before court and get legally recorded, the court may give the next date as the court think to postpone for further proper action on the compromise matter. But on the next date one compromised party turned away that he has not signed or this was not his sign on this compromise document.