VIJAY K. TEOTIA
16 June 2010 at 14:07
In a complaint case, if accused are summoned by the court, can the accused appear through advocate to challenge the summoning, or is it mandatory to appear in person and get bail first before filing objections. can the accused appear through advocate before summoning and on the date of arguments on summoning, if it comes to knowledge to accused about the case.although criminal revision is another alternative but practically it is rarely allowed. pl reply with provisions.
Anonymous
16 June 2010 at 11:03
1. I had stopped a cheque as I did not believe it to be my liability.
2. Subsequently I received court summons where I appeared and pleaded not guilty.
3. I was asked by the court to appear on June 14th for next hearing.
4. I went to the court on June 14th and my matter was not listed.
5. Subsequently the officers in court checke d and gave me another date in July. I asked for the same in writing which they refused to provide.
6. Should I appear before the court again in July. Is it not necessary for the court to in writing give a date.
dipankar
16 June 2010 at 10:39
Thanks MAKKAD SIR AND ARVIND SIR ,FOR YOUR ABVICE ON BINDA RAMS CASE,BUT CAN YOU PLEASE SUGGEST THE SECTIONS UNDER WHICH HE CAN FILE FIR IN POLICE STATION.AND WHAT FIR WILL HE FILE.
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
Anonymous
15 June 2010 at 16:36
Ld counsels,
I received copies of my criminal case documents form police through RTI, I came to know from the RTI reply that the complaint was tampered and new and improved allegations were included which were not told before the high court during the bail proceedings.
The information commission has odered departmental enquiry against police for ginving false information, but did not initiate disciplinary action. The police department is not complying with commissions order
Will I succeed if I take my case to high court for getting directions to initiate disciplinary action against police and to quash the criminal case as it is motivated and with malafide intensions.
For the above reliefs can I file a single writ petition under article 226 and 227 of constitution. I have proof to claim that the criminal case is initiated with malafide intensions.
Pls clarify.
Thanks
Anonymous
15 June 2010 at 14:19
HELLO BOSS,
I HAVE AN CLIENT HAS ARRESTED IN U/S 506,509 OF IPC. I HAVE RECD A COPY OF FIR & ALL SUPPORTING DOCUMENT FROM THE COURT & AFTER READING THE ALL THE DOCUMENTS I WANT TO SUBMIT SOME PROOF IN DEFENCE OF MY CLIENT AGAINST THE ALLEGATION OF 2ND PARTY.
SO I NEED YOUR HELP IN THIS METTER I WANT KNOW THAT HOW TO SUBMIT THE PROOF IN THE COURT.
THANKS
DEEPAK BHASIN
M,NO-9212394045
Juhi Mantri
15 June 2010 at 12:07
Can a party stake claim in in my property through a MOU drafted in 2008 which clearly indicates the date of honouring the commitments of execution of tranfer against payment promised to me valid for a period of one month. The party has paid me just 20 % of the promised amount and further dishonoured the reamin payments through cheque bouncing. Some of my original documents are still with the party and now they are staking claim after 2 years without even bothering to pay me my dues with appreciated gains.
Anonymous
15 June 2010 at 08:44
In a criminal proceedind, wheather i am entitled for Certified copy of 161 statements before submission of chargesheet? if iam entitled then what is the procedure?
S.D. Singh
14 June 2010 at 21:46
Whether one can obtain copy of Charge sheet/ case diary etc. from the court under RTI Act.
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Defendent Accused of Tresspassing and Theft
Respected Seniors and Friends,
Query Details as below:
My friend and his dad, uncle are being charged by a person/owner of the land for tresspassing in to his land and also accused of climbing the trees of coconut with a purpose of stealing.
Plaintiff and Defendents belong to same village and have fields in close vicinity.
My Friend has claimed that he was not present on the spot when that incident took place and his name is purposely added in FIR to defame him.
my friend wishes to file a suit on the plaintiff for defamation.
Please advise, will be highly obliged.
Thanks in Advance...