Dineshwar Singh Kaushik
05 December 2010 at 21:09
Please suggest any suitable decision that an accused person after appearing in court on summon can file revision against the order for issuance of summon u/204 cr.p.c.
Arvind Singh Chauhan
05 December 2010 at 20:49
Respected,
Seniors, please guide me how to tackle the situation. One of my client is facing the trial u/s 406,120B,409 IPC due to political rivalry. The case is at the stage for appearance of accused. No summon is served to the accused but bailable warrant has been issued against accused. Mean while the withdrawal permission has been granted by govt. And on next date perhaps A P O shall file application for withdrawal, and disposal of this application will take time.
The problem is due to non bailable offence it is apprehended that if accused appears before court he has to move bail application and due to non bailable offence, bail may be rejected, an unnecessarily he would has to go behind the bar.
Anonymous
05 December 2010 at 20:12
Financial claim against counter claim remaining to be settled, how can Police be estopped from harrasing a Senior Citizen (title holder) on a complaint of one of the beneficiaries of sale proceeds of immovable property who is already indebted to the Title holder ?
Anonymous
05 December 2010 at 16:16
Hi can some one help me with the maximum consequenses and expenses i will have to bare if some one sues me uneder section 324 and 400.
Anonymous
05 December 2010 at 15:34
An arrest warrant issued by the court due to non appearance(becoz he never get any summons due to change of his residence address) in bailable offense...
can this arrest warrant can be quashed in the high court??
if yes den plz suggest me some judgments...
Anonymous
05 December 2010 at 14:39
can an accused person filed time petition one after another when case stage for framing charge ,
on ground of pending a criminal misc. in the high court
C S PATANKAR
05 December 2010 at 14:09
This is with reference to my query raised previously and answers of Mr M V Gupta and Mr Arun Kumar Bhagat on whether use of defamatory language can be questioned?.
Agreed that the communication is entirely private, but then when it is shown to others on sufficient annoyance and therefore sharing it with your close group and therefore made public and also in a similar manner made public at the time of being taken to judicial forum for justice, will it not become Defamatory when the communication made public?
Please clarify.
C S PATANKAR
05 December 2010 at 13:52
This is with reference to my query raised previously and answers of Mr M V Gupta and Mr Arun Kumar Bhagat on whether use of defamatory language can be questioned?.
Agreed that the communication is entirely private, but then when it is shown to others on sufficient annoyance and therefore sharing it with your close group and therefore made public and also in a similar manner made public at the time of being taken to judicial forum for justice, will it not become Defamatory when the communication made public?
Please clarify.
C S PATANKAR
05 December 2010 at 13:43
This is with reference to my previous query. I really thank all the experts who have taken pains to answer my query.
Actually, this is a case of 'Head of Association of persons' i.e.Head of a Company within the meaning of section 85 of IT ACt using 'Offensive language' the description of such language fulfills the criterion of section 66A of IT ACT, and this instance of person originating such language with other person is during Formal Communication in connection of a business
Will the punishment to the Head of the Company shall be one and a half times of the instance when such offense is committed by the ordinary person, of course if the offense is proved beyond any reasonable doubt, which shall happen in this case as 'Offensive language' has been repeatedly used without any justifiable reasons.
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Sectiob 324 I.P.C.
Under the recently amended S.320 of the Cr.P.C., section 324 IPC has been made non-compoundable. My question is: If the FIR is recorded prior to the amendment of S.320 Cr.P.C. and even the charge sheet is filed in the Court prior to such amendment, shouldn't the Court allow the composition application filed by the injured and the accused? I find that in Mumbai, the Magistrates do not allow such application on the ground that S.324 IPC is now made non-compoundable. In short, does the amendment to S.320 CrPC, have retrospective effect? If there is any judgment on this point, please give the citation.
D.J.Khatri, Advocate, Mumbai