Asit Karmakar
23 July 2010 at 00:49
MY FRIEND,HIS SITER AND BROTHER IN LAW WERE ACCUSED UNDER SECTION 34,306,420,493 AND 496 IPC.THE DECEAVED LADY WAS HAVING AFFAIR WITH THE BROTHER IN LAW WHO IS BASED IN MUMBAI WHERE HE MET THAT LADY AND BY PROFESSION SHE WAS A BAR GIRL, MY FRIEND IS BASED IN DELHI AND HE IS MARRIED AND HIS SISTER IS A HOUSE WIFE IN PATNA.THE CASE WAS LODGED IN 2008 IN THANE AND POLICE CAME TO PATNA AND ARREST MY FRIENDS SISTER IN 2010 AND ASKED HER TO INFORM HER HUSBAND AND SURRENDER BEFORE THE LOCAL POLICE STATION WHICH HE DID.THEN THE POLICE IN PATNA RELEASED MY FRIENDS SISTER AND ASKED HER TO TAKE THE ANTICIPATORY BAIL FROM MUMBAI. THE BROTHER IN LAW GOT THE REGULAR BAIL AND MY FRIEND GOT THE ANTICIPATORY BAIL IN THANE SESSION COURT BUT FOR 6 DAYS ONLY.MAY I REQUEST THE PANELIST TO SUGGEST FOR THE FURTHER STEP FOR MY FRIEND AND HER SISTER.THE REMAND REPORT OF THE BROTHERINLAW SUGGEST NO INVOLVEMENT OF MY FRIEND AND HER SISTER BECAUSE THEY ARE NOT BASED IN MUMBAI AND BOTH OF THEM WERE BEING OBLIVIOUS ABOUT THE INCIDENT THAT HAS OCCURED THERE.HOW TO GO AHEAD WITH THE CHARGESHEET WHICH THE INVESTIGATION OFFICER HAS NT FILED TILL DATE OR WHAT SHOULD BE THE PROCESS FOR THE SAME.WAITING FOR UR PROMPT SUGGESTION
Anonymous
23 July 2010 at 00:34
is there is mandatory provision in the act that presence of the consumer is required at the time inspection of the of meter in MRT lab., please furnish case laws in this regard and delay in filing fir, sending meter after long time for testing
thanking ou,
mitra
advocate
Anonymous
22 July 2010 at 23:44
Dear members,
I am appearing for Accused for the charges u/s 138 Of NI Act, 1881.
My Query:-
After perusing teh records and roznama,The Complainant at the time of filing complaint has not paid process fee, no summons was collected by complainant nor was it served upon the Accused, but to Accused shock directly warrant was served upon him.
Therefore, the same was pointed before the Court, the Ld magistrate then said whatever has happened forget it, our application for cancellation of warrant was returned and accused was released on execution of PR bond of Rs.3000/- and the next date was given to be 16th June 2010.
I remianed present with the accused on given date 16/06/2010 but to my clients shock and surprise the said matter was preponed on 14/06/2010 and non bailable warrant was issued.
the same was again pointed to new magistrate appointed in place of old magistrate, teh court replied saying that magistrate has power to issue bailable warrant without summons being served.
here, it may be noted that no process fee was paid for summons, nor was it ever collected nor served,directly warrant was issued.
My question is under what section or provisions of Cr.P.C magistrate has power to issue directly warrant as pointed by magistrate
vinod bansal
22 July 2010 at 22:58
R/Experts
In my case of petty offence,eye witness has already been turned hostile and remaining witnesses are not coming in the court despite 18 opportunities of prosecution evidence,i prayed to court for closing the evidence or in alternative posting the case as last opportunity for p/evidence,but magistrate frankly stated that he will not closs the evidence till 100 hearings/dates,I want to file appeal or revision in given circumstancies for a direction for closing the evidence or for granting last opportunity to prosecution for conclude its evidence,is their any provision/remedy to file a appeal/revision before sessions court or i have to move directly before High court,kindly suggest.Thanks
vinod bansal
22 July 2010 at 22:51
R/Experts
P want to know whether there is any provision/rule regarding objection of peace meal in a crl case with a request to defer the cross prior to cross examination (set of two witnesses for same facts)(i am not confirm regarding exact spelling of peace meal)
Anonymous
22 July 2010 at 21:35
applicability of sec. 202 of Cr. P.C. in Negotiable Instrument Acts u/s 138.
Madan Mohan Pandey
22 July 2010 at 18:46
Res. sir/Madam,
Me ,aged,30 an advocate and my uncle aged 47 have been accused of a forged case of abduction and rape Sec 363,366,376,506 IPC against us by a bad charactered lady neighbouring us in last June 2009 for which both of us have been bailed out, Myself from high court and my uncle got imprisioned for a month and bailed by ADJ. We have done nothing and nowhere involved in thses crimes.
Since there was old enimity and some faujdari sections are already running in the court between us and the ladys family and Sec 323,325,504,506, and we have been with tussel with them for 4-5 years regarding the dispute of a comon way which she encroaches..
The realty was that her mojor/minor girl which is also a issue, a minor 17 years from school certificate and 19 years by Medical jurisprudence,, eloped with a man of nearby locality and lived in her house for 2-3 days where she was recoverd by police and all camein media and TV channels
All the evidences eg, Police dairy , charge sheet ,witnesses and there stastement, girl, herself comiitted that she elpopd with her so called friend. are favouring us except her misguided statement under Sec 164 CRP cunder magistrate.As tought be her mother she took our names and made a story which was same as the FIR and said to magistrate that both named, me and my uncle had abducted her and raped her.
Shall we be convicted only on her sole statement under 164 Crpr. since the trend is that mere statement of 164 is enough for our conviction.I am a judicial aspirant aslo and will it effect my selection before conviction ?
Both me and my uncle are major and married and both of us have childern.
Shall the court decide on other factors or statement under 164 is our conviction is our fate.
The lady(the girls mother)is a sex worker and is demanding money for compromise..
The medical reports of the girl are positive since the man she eloped with made physical relations and now is daunted to marry her because of her cunning and criminal minded mother.
Also no boldily injury has been found, no signs of protest, medical reprt says the hymen is old torn and secondary sexual characters well developed and that the vistim is habitual of sex .
In reality the girl is of bad characteer and she has done the same many times but this time we are accused because of her mothers plans and her involvement with SHO who used to take advantage of her for there favours.
She is really a cunning women who has no boundries to defame her firl to make money and to take revenge from us. Also FIR has been lodged 48 hours lateer and medical exam of girl has been done 8 days later.
I want utmost assistance and if someone of you experts, is interested he/she may give her cell number on which I can call.i will be highly obliged.
Adovacate
Mohan
Anonymous
22 July 2010 at 18:43
Res. sir/Madam,
Me ,aged,30 an advocate and my uncle aged 47 have been accused of a forged case of abduction and rape Sec 363,366,376,506 IPC against us by a bad charactered lady neighbouring us in last June 2009 for which both of us have been bailed out, Myself from high court and my uncle got imprisioned for a month and bailed by ADJ. We have done nothing and nowhere involved in thses crimes.
Since there was old enimity and some faujdari sections are already running in the court between us and the ladys family and Sec 323,325,504,506, and we have been with tussel with them for 4-5 years regarding the dispute of a comon way which she encroaches..
The realty was that her mojor/minor girl which is also a issue, a minor 17 years from school certificate and 19 years by Medical jurisprudence,, eloped with a man of nearby locality and lived in her house for 2-3 days where she was recoverd by police and all camein media and TV channels
All the evidences eg, Police dairy , charge sheet ,witnesses and there stastement, girl, herself comiitted that she elpopd with her so called friend. are favouring us except her misguided statement under Sec 164 CRP cunder magistrate.As tought be her mother she took our names and made a story which was same as the FIR and said to magistrate that both named, me and my uncle had abducted her and raped her.
Shall we be convicted only on her sole statement under 164 Crpr. since the trend is that mere statement of 164 is enough for our conviction.I am a judicial aspirant aslo and will it effect my selection before conviction ?
Both me and my uncle are major and married and both of us have childern.
Shall the court decide on other factors or statement under 164 is our conviction is our fate.
The lady(the girls mother)is a sex worker and is demanding money for compromise..
The medical reports of the girl are positive since the man she eloped with made physical relations and now is daunted to marry her because of her cunning and criminal minded mother.
Also no boldily injury has been found, no signs of protest, medical reprt says the hymen is old torn and secondary sexual characters well developed and that the vistim is habitual of sex .
In reality the girl is of bad characteer and she has done the same many times but this time we are accused because of her mothers plans and her involvement with SHO who used to take advantage of her for there favours.
She is really a cunning women who has no boundries to defame her firl to make money and to take revenge from us. Also FIR has been lodged 48 hours lateer and medical exam of girl has been done 8 days later.
I want utmost assistance and if someone of you experts, is interested he/she may give her cell number on which I can call.i will be highly obliged.
Adovacate
Mohan
Rajiv Batra
22 July 2010 at 15:06
Under PFA Act
Is filing of fresh documents and exhibiting them permitted at cross examination evidence stage, when there is no reference of these documents in compliant or at examination in chief ?
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criminal case
dear sir
it is a criminal case
pending for last 3 years
complaint person as came for compromise what is the procedure to follow
is is a 420 cheating case by a person