Anonymous
22 February 2010 at 10:09
Had approached HC for quashing of Chargesheet in 498a case against A1 to A9. HC has quashed chargesheet partly against A3 to A9 only. Aggrieved by the judgement of single judge of HC what can be done now? can I move division bench of HC to obtain quash of chargesheet against A1 and A2? or can I move SC only for seeking quash of chargesheet against A1 and A2.
Anonymous
21 February 2010 at 20:44
what the informant can do when all the eye witnesses are decline their view infront of the magistrate as stated in U/s 161 Cr.P.C. statement. How the informant get proper justice.
Anonymous
21 February 2010 at 20:05
What action can be taken against the decline witness collected in U/s161 Crpc.
If the witness decline as per U/s 161 Crpc then what action can be taken against the I.O. because How far his inquiry report is correct and reliable.
Member (Account Deleted)
21 February 2010 at 18:42
Whether before filing the complaint case under section 12 of PWDVA, is it necessary to approach Protection Officer First?
Or after filing the case the magistrate will derect me to approach PO?
Please tell me how the Domestic Incident Report shall be send to the magistrate?
Whether is it possible for the victim to complain to PO first and collect the DIR personally and then file a case under section 12 of PWDVA annexing the DIR with the petition?
Anonymous
21 February 2010 at 17:52
Reference:
http://indiansforguns.com/viewtopic.php?f=1&t=8910
and
http://www.dailypioneer.com/224629/I%E2%80%99ll-keep-the-fight-going-says-mother-of-Ruchika%E2%80%99s-friend.html
(“Rathore spared nobody. Ruchika’s brother, Rahul, was tortured in custody, and his legs were broken by a roller. Their home in Panchkula was forcibly sold to Rathore’s lawyer. People were deployed to follow my daughter wherever she went and they passed nasty remarks at her,” Prakash, mother of Aradhana, Ruchika’s friend and tennis partner whose crucial statement helped the court nail the accused, said in conversation with The Pioneer.
Prakash said that Rathore ‘deployed every means in his power as a police officer to torture them’. “False cases of theft, murder and civil defamation were filed against the father and brother of Ruchika. All the people who raised a voice against Rathore were framed in false cases,” she said. “It was 19 years of torment and anguish for my family. But we never gave up and left no stone unturned.”
We lived a traumatised life. We had to go to court hiding ourselves in different vehicles. We produced ourselves before the court 400 times.)
a)What are the effective methods that can actually prevent from torture by police while in custody of police? I also mean including the period while in custody before being produced in court(i.e. within 24 hours of arrest)
b)What can be done to prevent the forcible sale of property?
c)What can be done to prevent from being hounded by police so that one is not forced into traveling in different vehicles?
c)What can be done to prevent oneself to go to court something like 400 times for justice?
d)Is anything better possible in case similar to the Ruchika's as mentioned above?
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I am in no way related to the above case or biased against anybody. I have presented the above information "as is" from the website so that my questions can be better understood. My purpose is to get specific answers to my questions a, b, c, d only so that a law abiding citizen can take "preventive" measures so that he does not become a successful victim of torture and hounding by police.
v.k.gupta
21 February 2010 at 05:51
Dear Seniors,
Kindly let me know if any person gives false affidavit i.e. the false contents in his affidavit,before any of the Court then what are the remedies to the other party as per law ?
OR
Kindly suggest what action we should take against that person and in which court?
V.K.Gupta
Sukhija
20 February 2010 at 18:02
Hi
In 138 matter accused was convicted by Magistrate's Court.The accused filed Cri. Appeal against conviction in Sessions Court and was acquitted.
Now, can the complainant file revision/appeal challenging the order of acquittal passed by sessions court before High Court?
Thanks in advance.
Anonymous
20 February 2010 at 17:15
A and B were working on a business deal that did not finally materialise. As part of the deal both A and B had shared blank cheques with each other as security. After the deal fell through, A filled one of the blank cheques with an amount of 30 lakhs and presented it to the bank. The cheque got bounced and now A has filed a case under section 138. B is still in possession of the blank cheques provided by A. What should B do now to prove innocence?
Elahi S M
20 February 2010 at 14:53
Dear Sir,
For clear understanding I given names as follows.
A: My Brother
B: Wife of A
C: Siste of B
I purchase a property from 'C'.
C' Filed suit against me that she hasn’t sold any property.
And declaring in suit that am a strange person to her family.
Now property suit adjournments are going on in court of law.
My Question is: Can I file case against her false declaration in court of law that am a strange person.
I have a proofs of photographs and videos which she was attended in functions.
Please advice me,
Waiting for valuable reply.
Yours Truly,
Elahi sm
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NI Section 138 invoked in partnership
Mr. X is a property dealer with many investments around the country. Mr. Y is an Indian businessman based abroad but interested in making an investment in India. Mr. X proposes a hotel investment to Mr. Y. Mr. Y is interested and makes multiple cheque payments addressed in the name of Mr. X to be invested towards the hotel project. After a few months X and Y register a partnership firm for the project, and Y pays some more cheques in the name of the partnership towards funds for the project.
In the meantime Mr. X is making another investment and asks Y if he would be interested in the project. Since Y was leaving India the next day, he pays a cheque for investment towards this other project to X. He tells X that there is no money in the account and he will advise X on when to present the cheque. Later in the evening, Y decides not to be part of the new project since it is not part of their partneship. Y calls X informing him, and asking him to destroy the cheque. X assures Y that the cheque is destroyed.
X and Y continue their relationship on their partnership project and Y pays another cheque to X. When X asks for more funds, Y arranges an investor to the project. The investor asks to see the project papers and books of the partnership before making the investment. At this point X refuses to show any documents. Therefore the investor that Y brought does not commit any money. This upsets Y who feels X is not investing the money in the project correctly. He also refuses to contribute any further money to the project.
About 4-5 later, without informing Y, X submits the cheque that he should have destroyed. The cheque bounces due to lack of funds. X then files a case against Y under NI section 138 and thier is a summon recived from court.
How should Y approach this case? He is still a director in the partnership firm with X but thier relations have now soured.