Anonymous
12 October 2010 at 19:02
Respected Expert
(This is true case in which trial court convicted the accused against the law evidence and fact)-one person has moved a written complaint to police station mentioning that a particular person has, on 19-10-03 at 10.00 A.M. forcibly entered in his house and delivered threat to kill to him, the same complainant afer 5 days has got recorded a DDR in the police station on the basis of same written complaint but gave different statement that on 19-10-03 at 10.00 A.M. not only one person but first person came along with one another and threat i.e. not stated that both entered forcibly in his house and deliver threat to kill, on the basis of written complaint and DDR police has done invistigation and held that incident was happened at public place and also not with the complainant, complainant has filed a writ petition before Hon'ble H.C. of P&H for seeking direction for registration of a case by giving affidavit and statement that on 19-10-03 at 10.00A.M. first person, alongwith third person, which was not in picture in DDR and written complaint, has forcibly entered in his house and gave threat to kill, hon'ble H.C. gave direction to the police that if any cognizable offence is made out from DDR and written complaint the FIR be registered accordingly but as DDR and written complaint contradictory to each other being this reason police totally igonered the direction of HC but taking plea of order of HC has taken a new statement of complainant which is totally differ from previous DDR and written complaint and registered a FIR u/s 452/506 IPC including a new person alongwith the first person. Eye witness is same in all three statement. what offence was committed by police official and complainant with the HC and other court and with the innocent person and what is the duty of trial court to whom said case is pending for decision. whether trial court can convict the accused in these circumstances and what action can be taken by the accused against the police officials and complainant etc. Facts of this case are based on case/FIR no. 157/4-12-03 P.S. Julana Distt. Jind(Haryana). all nentioned evidence on case file and admitted by complainant.
Advocate M J
12 October 2010 at 18:27
Good evening sir, In a cheque bouncing case what is the time limit to file the case from when the cheque is bounced. If the cheque is bounced we hve to sent the legal notice and after 15 days only we can file a cheque bouncing case???? , right sir. wht are documents v need to submit before the court.and what is a "process memo".i am confused, please can the learned members guide me
Thank you
Anonymous
12 October 2010 at 13:27
a person has been showned by name as an accused along with two coaccused,role of said person is same of one of the accused, complainant has mentined name of said person in FIR but has not made accused, never made any application to any authority to made said person as an accused even role or allegation against the said person are same like other accused, police has filed challan without mentioning any thing about said person, neither made said person as an accused or witness, no investigation of any type about said person, at charge stage, three accused was discharged, charged was framed against one accused but no charge against said person, witnesses on oath has stated on oath mentioned his name as an accused, no application filed u/s 319 Cr.P.C. to include said person as an accused. can a court convict another accused without giving any finding or a single word about said person who still present in case even case was decided?
Anonymous
12 October 2010 at 13:10
when an accused in his statement u/s 313 Cr.P.c. stated the fabrication of case mentioning the relevant documentary evidence and such fabrication establish the innocency of accused and guilt of complainant,witnesses and police officials then can a court totally ignored the said fabrication of case mentioned in statement of accused and established in both defence as well as prosecution evidence. can court has convict a person by not mentioning the fabrication of case which is prima facie establish on the evidence of prosecution as well as defence evidence?
chandranil S Belvlakar
12 October 2010 at 10:11
Can any one explain me the procedure of Identification parade
Anonymous
12 October 2010 at 09:47
We married for 4 years and having a son 2 years old. My wife was good for last 3 years, However, when my parents aged more than 70 years shifted to my place, my wife chaged her approach and started non-cooperation, even for the last few days she is not making any food for me and make a mess of the whole house. She has even lodged GD with the local police station in the name of mine, parents, my sister and her daughter. She is constantly been imporvised by her parents, ender sisters and few freinds who are also suffering the same problems. We are not talking for last few months since went to her mother's house and came back after one month. I tried my best to adjust and maintain peace, But her approcah make a silent at the house and she is not talking to anybody. She alaways keeps the house dirty and does not clean herself and creating an inhabitable situation. She is very adament, stubborn and does not repent for what she has done. She had quarrel and misbehaved with my parents and myself several time. But myself and my parents forget everythings and alsways look for a new begining. But she never co-operates. She is not working anywhere. She even raised question about the charecter of my parents who r more than 70 ywars old. I want divroce from her but wants to keep the kid with me.Please help what should be my steps and how the whole issue can be redressed.
Anonymous
11 October 2010 at 20:59
Judicial magistrate in his judgement after recording finding to the effect that" i have heard both the consel and going through the record of case file, i am of the considered opinion that prosecution has miserbly failed to prove the case against the accused" has convicted the innocent person to save the rich person, against law, facts,evidence even it is established on file that rich person has commit serious offence by filing false and fabricated documents in the high court for getting a direction on same matter because the reason one of the accused has made a complaint to a friend judicial magistrate of said magistrate. in what way said magistrate can be punished for his wrong act even after complaint H.C. etc. no action against the said magistrate. can file a PIL or any writ petition to Hon'ble SC/HC.
Anonymous
11 October 2010 at 20:27
a judicial magistrate evidently to save the real guilty reach person and his relative,who are complainant and false witnesses,has knowingly, intentionally convicted the innocent person, against the law,evidence and facts and by ignoring the applications u/s 340Cr.P.C. against said rich person even guilt of rich complainant was well established. written complainant was made against the said magistrate to Hon'ble Chief Justice of S.C.,H.C. of P&H, inspecting Judge, Session Judge on 19-8-09 but till today no information was sent to me by any authority.what steps be taken against said magistrate and what help can lawyer club of india can provide in this matter?
rituraj
11 October 2010 at 19:54
Sir sorry, earlier I have not mentioned my problem clearly.. To seek advice from this forum, I m explaining it briefly .Sir one of my relative is being arrested by police for some investigation. The police personnel was having one mobile number of the accused person for which they are asking my relative to indentify that no. they are telling that from yours no. some phone calls are received and made to that no. At first instance he could not identify it. Then they took him to police station and locked him. When his family came to know this, they all went to police station and asked about the matter. Then they (police) disclose that they are searching the subscriber of that particular mobile number who has made threaten call to some one who has logged the FIR and police failed to catch that person who has made the call because he has given fake address while purchasing the sim. That’s why they arrested my relative b cos in caller list his number appears two or three times. After that whole family members asking each other that any one could identify that no. fortunately one of his family member identified that no and told that he is knowing that guy and his house also. Sir one thing I have missed to tell u that my relative is running a coaching center in which so many boys and girls are studying. Often their parents call my relative about their child performance and where about etc. etc. So when that no. was identified, they all went to police station and told the matter to police i/c of that case. Meanwhile my relative was in police lock-up from last 24 hrs. and being interrogated by police staff. Lastly when police came to know identification of that no. they had done raid and successful to capture that guy.
Sir after this I thought police must release my relative. But on the second day also he is in lock-up. After enquiring the policemen he told that he is (my relative) also a part of this case. As b cos of his number that person has been cached . Sir I m requesting u to kindly advise me that what legal action police will make . and what my relative can do to safe guard himself. After all his family has done needful for police, even after 24 hrs also they have neither put him in front of the court nor release him As the whole family doesn’t know the legal process. First time in life they have been in this type of situation. Sir what is ur advice in this regard, whether they have to take any lawyer s help. or even lawyer cannot do any thing in this regard. Perhaps police i/c wants some money. What I can do for my relative. I need your advice. Thank you
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can court go beyond law,evidence and fact in a criminal case
Respected Expert
(This is true case in which trial court convicted the accused against the law evidence and fact)-one person has moved a written complaint to police station mentioning that a particular person has, on 19-10-03 at 10.00 A.M. forcibly entered in his house and delivered threat to kill to him, the same complainant afer 5 days has got recorded a DDR in the police station on the basis of same written complaint but gave different statement that on 19-10-03 at 10.00 A.M. not only one person but first person came along with one another and threat i.e. not stated that both entered forcibly in his house and deliver threat to kill, on the basis of written complaint and DDR police has done invistigation and held that incident was happened at public place and also not with the complainant, complainant has filed a writ petition before Hon'ble H.C. of P&H for seeking direction for registration of a case by giving affidavit and statement that on 19-10-03 at 10.00A.M. first person, alongwith third person, which was not in picture in DDR and written complaint, has forcibly entered in his house and gave threat to kill, hon'ble H.C. gave direction to the police that if any cognizable offence is made out from DDR and written complaint the FIR be registered accordingly but as DDR and written complaint contradictory to each other being this reason police totally igonered the direction of HC but taking plea of order of HC has taken a new statement of complainant which is totally differ from previous DDR and written complaint and registered a FIR u/s 452/506 IPC including a new person alongwith the first person. Eye witness is same in all three statement. what offence was committed by police official and complainant with the HC and other court and with the innocent person and what is the duty of trial court to whom said case is pending for decision. whether trial court can convict the accused in these circumstances and what action can be taken by the accused against the police officials and complainant etc. Facts of this case are based on case/FIR no. 157/4-12-03 P.S. Julana Distt. Jind(Haryana). all nentioned evidence on case file and admitted by complainant.