Anonymous
29 August 2010 at 14:17
The facts of the case are as under:
1. A Complaint was submitted on 08.08.2009 (Saturday) at 9.30 PM by the Regional Manager of SBI and was registered as crime under 409 of CrPC.
2. Written statements are taken from four members of staff on 08.08.2009 that the accused has misused the passwords of three of them and another officer who forwarded the complaint to the SHO and the SHO has registered the case and prepared FIR and sent to the jurisdictional Judiciary, in the present case, Prl. Sub.Judge on 10.08.2009 (Monday) at 10.15 a.m.
3. Bail petition in the District Court was dismissed at the instance of the PP (as per the information of the Bank) on the grounds that the accused also might be having pass word of a particular account as an Assistant Manager, since the accused is mentioned as an Assistant Manager in the complaint, though the accused has been promoted as Assistant Manager, he was assigned duties of his promoted designation only after he has been transferred from the Branch of complaint.
4. Bail was granted on 21.10.2009 by the Hon’ble High Court of Andhra Pradesh, with a condition to the Investigating Officer to focus the enquiry on certain facts.
5. The Police authorities who registered the case did not enquire/investigate into the case either before or after the accused is enlarged on bail on surrender.
6. On 08.08.2010 SHO has filed Charge-Sheet and was submitted in the Prl. Sub. Judge on 11.08.2010 enclosing the four statements obtained on 08.08.2009, i.e., the date of the complaint/FIR. The accused was not even enquired/investigated either on surrender on Bail i.e., on 23.10.2009 or later.
7. In the mean time, the Bank has arbitrarily got vacated the accused from the leased residential accommodation contrary the conditions of the lease deed with the land-lady.
8. Though the Bank has placed the accused under suspension on and from 22.07.2009, did not even enquire into the details of the case even after one year. But the Bank has reduced the salary of the accused drastically prior to placing the accused under suspension and continued to calculate the subsistence allowance on the salary so reduced. However, the Bank has stopped the payment of Subsistence Allowance for and from the month of January 2010. All the certificates for claim were simply not acknowledged and kept pending. The subsistence allowance should have been enhanced to higher amount w.e.f. 22.07.2010 and was not done so far.
CAN ANY BODY PLEASE HELP;
a. whether the charge-sheet filed by the SHO without any incriminating evidences, and without any enquiry of the accused is valid?
b. any other help in the light of the above facts including against the Bank.
Anonymous
29 August 2010 at 13:26
sir, under the hc orders a fir was filed against the cilprits under section 448/355/341/323/506/34 IPC. and its now enquiry is being done by crime branch of police. the fir is against the 12 members of the family. who had thrown out a widoe out of her home. sir now the culprits are asking directions from the high court to register a fir against the widow. there application for cancelling the fir has been already disposed. sir can a fir b loged against the fir . when also a case under domestic violence act is there.
Arvind Singh Chauhan
29 August 2010 at 13:20
What is the provision for releasing a person from jail in U.P. and Uttarakhand.
Jail authority received the released order at 8 pm but refused to release person, and released on next day.
What it the clear position. This step of jail authorities is legal or illegal.
GIRISH AGRAWAL
29 August 2010 at 12:26
1. MAY 2009:- FIVE ACCUCE CHEATED MORE THAN 24 PEOPLE
2.SEP 2009 :- POLICE RETISTERED FIR U/S 420 IPC ONE ACCUCE NAMED AND SENT COPY
OF FIR TO COURT.
3.JAN 2010 :- POLICE ADD U/S 406,409& 34 IPC AND ADD 4 ACCUCE NAMED BUT DO NOT
INFORM TO COURT
4.MAR 2010:- AFTER 3 MONTHS POLICE AGAIN
REDUCE U/S 406 409 & 4 ACCUCE BUT DO NOT INFORM TO COURT
MY QUERY ARE:-
1. CAN POLICE REDUCE CHARGE
2. WHAT CAN WE DO FILE COMPLAIN OR WRIT
IN H.C.
3. PLEASE SUGGEST BEST REMEDY FOR JUSTICE
4. CAN I FILE COMPLAIN IN COURT & WRIT IN
HC BOTH @ SAME TIME IN THIS CASE
THANKS ALL
Anonymous
28 August 2010 at 22:58
dear sir
i want to know about stop payment cheque
matter are as under
i am trader of stock market
i give a cheque to the share broker
but broker sell my all shares without
my consent so i was stop payment instruction to the bank and bank have already stoped permenantly but party diposited cheque in the bank first time
cheque was return with remark "stop payment by drawer" but not send me notice
but party deposited again after four month
and return with same reason "stop payment by drawer" and send me a notice
my questation is notice is maintanble?
in my point of view
stop payment by drawer ?
and
account has been closed
in two reason not to deposit again notice issue in first time
am i right?
please advise me
thanks
Vikas Aneja
28 August 2010 at 21:36
Whether there is necessity to plead in evidence about the caste of the accused in complaint case under SC & ST Act.The complaint is at consideration stage for summoning. I have only give evidence about the caste of the complainant not of the accused.
Chetan
28 August 2010 at 12:38
The accused get anticipatory bail in Mar 2009 for the offence of 420, the conditions is mentioned in anticipatory bail that the accused have to get regular bail in june 2009 before court, but the accused failed to do so,
On Dec 2009 the accused gets the summons from concerned police station which states the police is going to filed chargsheet in the court and therefore the accused have to appear before court on 30/12/2009
……. But the accused failed to do so
The accused also failed to appear on Feb 2010 the date fixed by the court.
Now the next date is 30/10/2010
Whether the accused will get regular bail ?
What the courts will do ?
Whether the accused be arrested on same day ?
Pls reply me urgent ………….
dipankar
28 August 2010 at 11:45
My friend has lodged a Scheduled caste case against a person who is of forward caste. There are also 4 Witnesses of the case. The case is under investigation by the DSP.It has been almost 20 days that my friend has informed the local police station about the case. but the DSP is taking a long time to investigate the case. Please guide what steps should he take further if the investigations take such a long time
aslam
28 August 2010 at 10:50
sir.
pl suggest should i straight away go to supreme court for abp as i m in delhi rather than going to patna high court as it is far off. Also abp in patna high court application is heard not in less than 3 months.
can i expect abp in supreme court in one week . sir pl suggest this as this action of mine can determine the future of all my dependant family my old parents, 4 studying brother and sister .
sir can u please suggest some supreme court lawyer for the purpose.
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Complaint under section 138 of NI Act.
Resp. Members,
Would you please guide me from where I can get model form of complaint under section 138 of NI Act. Regards.