Navaneetha Krishnan
13 October 2010 at 11:18
In tamil Nadu we have economic offenses wing
what are the duties of this wing
when any persons grabs our land and constructs a house in our land.... whether we can give a complaint in the said economic offense department
Chetan
13 October 2010 at 09:55
One neighboue relative of my client filed a complaint under DV act and Maintenance & Welfare of Sr. Citizen Act,
I had filed reply along with the preliminary objection about maintainability of complaint but the magistrate put the matter for mediation
Whether it is appropriate ? OR
whether first of all it is to be decided the maintainability and then put for mediation ?
Whether the criminal case put for mediation ?
Pls Reply
tarun
13 October 2010 at 06:38
DEAR MEMBER
A CASE U/S 420/406/467 WAS REGISTERED AGAINST 7 ACCUSEDS, 3 ARE ON BAIL 2 ARE IN CUSTODY AND 2 ARE OUT OF REACH, BUT NOT DECLARIRED p.O YET, NBW ARE ISSUED AGAINST THEM, THE FINAL REPORT FOR 4 ACCUSEDS ARE FILED, AND ONE IS ARRESTED BEFORE FEW DAYS AND NOT CHALLANED YET, CAN COURT START PWS AGAINST 4 ACCUSEDS WHOES CHALLAN (fINAL REPORT ) HAS BEEN FILED? THE COURT HAS STARTED PWS AGAINST 4 ACCUSEDS, I THINK IT WILL BE NOT GOOD AS TWO ARE NOT DECLAIRED P.O, HOW CAN WE STOP THE COURT TO GO FURTHERE IN PWS? IS THERE ANY PROVISION IN CR.PC? PLZ TELL CASE LAW, AS TRIAL MAY GO SEPARATE AFTER DECLARIRING P.O, BUT TWO ACCUSED ARE NOT DECLARIRED P.O HERE. HOW CAN WE STOP COURT TO CONDUCT PWS?
Sangramsinghrana
12 October 2010 at 23:52
in the case, complainant has moved a written complaint to police station only against 'A' that on 19-10-03 at 10.00 A.M.,'A' alone forcibly entered in his house in presence of 'o' and delivered threat of kill to him. Same complainant has got registered a DDR after 5 days in which he has stated that on same day and time 'A' not alone but along with 'B' has came and threat, not stated that forcibly entered in house and gave threat to kill, same complaint has made third statement on oath on Court that on same day and time not 'A' and 'B' but 'A' along with 'C' has forcibley entered in his house and gave threts to kill in presence of 'O' but O on statement on oath in court has stated that 'A' not with B or C but entered forcibly in the house of complainant along with another differnt person 'D' and gave threat to kill. can a conviction u/s 452/506/34 IPC sustained even from the statement of witnesses, no ingriedents of sec. 452IPC is made out.
Sangramsinghrana
12 October 2010 at 23:35
in a case u/s 452/506/34 IPC,Magistrate,in his judgement after stating brief facts of the case and after mentioning prosecution as well defence evidence and depositions of witnesses in the middle of his judgement in Para no. 17 has gave his finding to the effect that " i have heared both the counsel and after gone through the record and evidence of file I am of the considered opinion that prosecution has miserbly failed to prove the case against the accused." and in last of his judgement in para 35 gave finding that " in my view prosecution is sucessful to bring home the guilt of accused" and convicted the accused even said magistrate in para 20 of his judgement, to corroborate the statement of complainant, has mentioned the statement of the eye witness which he has not deposed on oath in court. What is the legal position of Judgement after said two finding, it is pertnent that it is well established that said magistrate has converted his acquittal order in to a conviction order at last moment and said two finding is not merely a clerical mistake but due to change of decision in a very hurry manner.
Sangramsinghrana
12 October 2010 at 23:02
Dear expert,
in a criminal trial, 9 applications u/s 340 Cr.P.C. is filed by accused, conviction of accused upheld in said case, accused has filed appeal against conviction which was assigned to court of ADJ(1), after 4 months the applications filed u/s 340 Cr.P.C. was dismissed by 9 seperate order, 9 appeal u/s 341 Cr.P.C. was filed which was assigned to different two court from the court in which main appeal is pending, application was moved to transfer all the appeal i.e. all appeal be transffered to the court where main appeal was pending but application was withdrawn as session court verbly stated that application was decided vide seperate order and seperate appeal was filed being this reason they can be decided seperately. after one year,judge has been changed and he asked the appellant to transfer all the appeal in one court.whether after one year it is possible and if possible then what is the procedure and whether all appeal can be decided seperately.
Sangramsinghrana
12 October 2010 at 22:44
Dear expert,
in a trial of case u/s 384/506 IPC, accused after closed of his defence evidence and before argument has moved seven application u/s 340 Cr.P.C. for intititing proceeding against witnesses etc. for perjury etc. The magistrate beside to place the said applications in the same case file has registered the said application as a seperate case vide seperate number and fixed for perliminary evidence like private complaint and fixed on a date after 2 months of main case and not decided the said applications with the main case, in the main case accused/applicant was convicted against all the legal norms to save the witnesses from the offences disclosed in the applications u/s 340 Cr.P.C. and after 4 months of passing conviction order dismissed the application by helding that applications became infructous even offence mentioned in applications is clearly proved and established. whether magistrate knowingly adopted procedure against the law.
Prashant Deshpande
12 October 2010 at 21:35
as a food inspector when I visited a shop, the shop owner refused to sign on Inspection Report, he does not have valid license required as per PFA act 1954.can I prosecute him U/s.16(C)of PFA,or should i Lodge complaint in police u/s.186, 353 of IPC ?
Anonymous
12 October 2010 at 21:03
While I was going in my friend's xeta car, I crossed one cross road till half way because there was no traffice from my left side to right side but I stopped at half way because of too much traffic coming from my right side going to left side.
Suddenly with 5-10 seconds, one Govt. car ( fiat NE ) hit xeta at the right side behind back door (it was coming from my left side to right side).
when I looked at backside, I saw there are 3 persons coming out from the govt. car to hit me and I run away from the accident place, driving the car. I reached at my office and come to know that xeta's back bumper was separated. Thinking that it might be at the place of accident, I went back to search it.
Nobody was there at the place of accident except one person who informed me that govt. car driver has filed FIR against the car number (found from the bumper).
I went to police station and at the moment I informed that it was my friend's xeta car and I was driving it, he arrested me. I asked my friend and he given bail for me, and I came out of police station on next day.
In FIR, The govt. driver has mentioned that xeta car came from somewhere and did accident with govt. car and run away.
Police have mentioned IPC-279, 337 and IMV 177,184,134B. Also in FIR, that driver has not mentioned which bumper of my car is separated due to accident ( whether it is front or back bumper).
My friend's car's insurance is also expired last month, he has sold the car now. we have taken car photographs before selling.
My case is yet to be come on board, can anyone pls suggest, how to come out of this case. Without any reason I am in trouble now. I don't have any idea for legal proceedings.
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