Anonymous
05 April 2010 at 21:10
Sir,
I would like to request you to please clarify my doubts on the following points:-
1. In an scooter accident case a person has been framed under IPC 279, 304-A despite the fact that he was not at fault. Can Section 304-A case comes under the category of please bargain as per new law, if so then please provide me the complete procedure ? Thanks
Member (Account Deleted)
05 April 2010 at 19:53
POLICE CUSTODY OF SAME ACCUSED IN SEVEN CRIMINAL CASES FILED IN SAME POLICE STATION.AND SEVEN STILL PENDING INVESTIGATION ACCUSED IN POLICE CUSTODY FOR MORE THAN 20 DAYS AND FURTHR CUSTODY PRAYED IN PENDING SEVEN CRIMINAL CASES.LEGAL,JUST AND PROPER ?
1.ACCUSED IS ARRESTED IN SEVEN CRIMINAL CASES UNDER SECTION 379 ,34 OF INDIAN PENAL CODE.
2.SAME POLICE STATION ARRESTED ACCUSED IN ONE CASE, THEN THE MOMENT ACCUSED WAS TAKEN IN MAGISTRATES CUSTODY ,POLICE MOVED TRANSFER APPLICATION IN ANOTHER PENDING CRIMINAL CASE IN SAME POLICE STATION.ACCUSED TRANSFERED TO JAIL AND AGAIN TAKEN IN TO CUSTODY BY POLICE IN THE MORNING AND DEMANDED POLICE CUSTODY OF ACCUSED IN SECOND CRIME AT SAME POLICE STATION.THE MOMENT ACCUSED WAS TAKEN IN TO MAGISTRATES CUSTODY .POLICE SUBMITED TRANSFER APPLICATION IN THIRD CRIME AT SAME POLICE STATION .
3 THIS PROCEDURE CONTINUED AND ACCUSED WAS TRANSFERED ALMOST SEVEN TIMES ONE AFTER ANOTHER IN SEVEN CRIMINAL CASES IN SAME POLICE STATION.
4.FURTHER POLICE ARE THREATENING ACCUSED AND HIS RELATIVES OF TRANSFERING THE SAME ACCUSED IN FURTHER SEVEN CASES.THE RELATIVES OF ACCUSED ARE HARASSED DUE TO ALMOST MORE THAN 20 DAYS POLICE CUSTODY OF SAME ACCUSED IN SEVEN CASES AND FURTHER REMAINING SEVEN CASES .
IT IS A FACT THAT ONCE ANY CRIMINAL COMPLAINT IS FILED UNDER ANY SECTION OF I.P.C. SAY 379 , THE DATA IS KEPT ON COMPUTER AND THE MOMENT ANY INNOCENT PERSON IS ARRESTED MERELY ON THE BASIS OF DOUBT THEN ALL SUCH PENDING CRIMINAL CASES ARE DUMPED ON THE HEAD OF SAID ACCUSED AND PENDING INVESTIGATION FILES ARE CLOSED BY SENDING THE NAME OF SAME ACCUSED IN ALL SUCH PENDING CRIMINAL CASES BY SENDING REMAND APPLICATIONS TO COURT AND SENDING CHARGE SHEETS ON THE BASIS OF DOUBT.
THIS IS THE WAY POLICE DEPT MISUSES THE LAW PROVISIONS AND NEED STRICT CONTROL BY JUDICIARY ,HUMAN RIGHTS ACTIVISTS AND LAW MAKERS PLEASE NOTE.
5.FOR REDUCING THE TENSION OF RELATIVES OF ACCUSED,I CONVINCED THE RELATIVES OF ACCUSED FOR LEGAL REMEDY AND NOW REMEDY OF APPROACHING DISTRICT AND SESSIONS COURT AND HIGH COURT IS SUGGESTED AND IS IN PROCESS.
I HAD EVEN EARLIER GOT ACQUITAL OF ONE ACCUSED IN ALMOST FIVE CASES UNDER SECTION 379 OF INDIAN PENAL CODE AS NOT A SINGLE CASE WAS PROVED.THE INNOCENT PERSON WAS LABLED AS ACCUSED AND WAS DUMPED IN JAIL FOR SEVERAL MONTHS AS POOR PERSON COULD NOT EVEN FURNISH SURETY FOR RELEASE ON BAIL.HENCE HIS TRIAL WAS EXPEDIATED AND I GOT HIM ACQUITED BY SINCERELY DEFENDING HIS CASE.
6 THIS IS FOR INFORMATION OF ALL LEGAL EXPERTS AND THE CONCERNED MEMBERS TO NOTE AND COMMENT PLEASE.
THE NEGLECTED INNOCENT PERSONS NEED URGENT ATTENTION OF LAW MAKERS AND JUDICIARY ,LEGAL EXPERTS AND ALL CONCERNED.PLEASE NOTE AND COMMENT IN THE INTEREST OF JUSTICE.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
SRINIVASA RAO ADDANKI
05 April 2010 at 19:12
SIR,
WHAT ARE THE FORMALITIES/PROCEDURE FOR WITH DRAW A CASE UNDER SECTION 138 UNDER NI ACT IN A COURT?
Kshitij Singhai
05 April 2010 at 18:49
I have criminal procceddings pending in lower district court under section 420 for last 12 years.
My passport has expired and i need to obtain a new on. While fillinf the application for I have gone through section 17b. in which I have to obtain a NOC from court.
How i can get the same.
Solace
05 April 2010 at 18:48
My client is in judicial custody for non bailable offence. His wife approached me to file bail petition. My question is how I get the signature of the accuesed at vakalath and also on bail petition. Can I file vakalath and bail petition with signature of his wife or can I file bail petition without signature from accused or his wife.
manish
05 April 2010 at 18:19
Please let me know any citation whether complainant can oppose the bail petition filed under section 439 of crpc?
Anonymous
05 April 2010 at 11:20
will a cheque marked CASH, if returned attract section 138?
ashish Kumar Pandey
04 April 2010 at 20:31
in my cases which was filed under sec 138 of N.I. Act in Delhi Magistrate issued summons against the accused and this one is returned unserved with due reason " accused left that address". after this report "I had filed an application under sec 65 of Cr.P.C. but the learned M.M. returned this application saying that " if the accused left that address then this substituted service also have no effect"
and issued order to file fresh address of accused. Now the complainant has no fresh address. what will our next step at this stage
Member (Account Deleted)
04 April 2010 at 20:27
Hi All,
Can anyone tell me what is the punishment for Credit Cards Fraud and Internet frauds in India.
What are the evidences required in the court to prove the credit card frauds.
Under which sections the case can be registered and what will be the consequences. Also, please advise the procedure for registering the case- will the bank go and get the FIR registered or the Cardmember will be required to do so.
Thanks
Amit
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ACCIDENT
CAN TWO DIFFERENT SECTION U/S 337 AND 338 CAN BE INSTUTED IN SINGLE CAUSE OF ACTIONSUSTAINED TO A SINGEL PERSON IN THE ACCIDENT