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Arvind Singh Chauhan   16 January 2010 at 21:38

PLEA OF BARGAINING

Sir sec 265 K of Cr.P.C. (Plea of bargaining) envisage as "Statement or facts stated by accused under application of plea of bargaining, shall not be used for any other purpose except for the purpose of this chapter"
Sir my query is -
(1)if no solution is made out after bargaining, whether accused can be convicted even under this chapter on basis of his statement.
(2) what is the impact of reduced punishment or penalty after bargaining, on the character of accused. He would be called convicted or not?

Anonymous   16 January 2010 at 19:30

Anti Corruption

One of my friend who works in the state government department was arrested under section 7&13(2) and 13(1) of ipc act 1988. The charges are he has accepted the bribe to do some favour.

My question is can he be able to get the bail.

If found guilty what will be the punishment
the case is fabricated. and how can he prove this.



Advocate.S.A.Siddiq   16 January 2010 at 16:16

cheque case- account closed- stop payment

bank account closed - Stop payment by drawer - IS these categories are comes under 138 N.I. Act ?

Anonymous   16 January 2010 at 02:40

independent expert

one case on me is pending in session court for theft of electricity. but the licencee work out wrong claim but i need a independent expert to work out the claim not from licencee. is court or judge will grant me a expert from pwd or from any department

Arvind Singh Chauhan   15 January 2010 at 20:50

HOSTILE WITNESS

Sir,
In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
Now the matter has been academic. Sir please guide me whether court's version is right. If no, plz suggest the provision or citation.

Anonymous   15 January 2010 at 20:14

CASE FILED BY DOT under IPC 420

a call center running outbound calls only suddenly gets raided by DOT accusing them of inbound calls and running an exchange to by pass the PSTN line through VOIP in 2006 when this was illegal. when this happens local land line no gets flashed in our mobiles for an international call which also means that the landline will register all outgoing calls and billing willbe done by local service provider.

none of this happened inspite of which the police registered a case under IPC 420 and another telegraph act, the matter is in court and FOC done as false.

my question is
1) when there is no proof of any call made in the landline how court will take cognizance of the same?
2)losses to the country claimed by DOT is 30 lakhs whereas not 1 rupee call has been made.
3) what aspect of telegraph act does these offences come and wht is the relief.

regards

Anonymous   15 January 2010 at 14:21

criminal complaint

Can one complaint filed for more than three cheques.if any judgement is available then provide
Thanks in advance

Ms S.G,Shah

Smruti Shah   15 January 2010 at 14:18

criminal complaint

Can one complaint filed for more than three cheques.if any judgement is available then provide
Thanks in advance

Ms S.G,Shah

Anonymous   15 January 2010 at 12:28

IPC 420 & 102 B

A reputed training company which is a partnership firm of 2 partners trains students in IT/TELECOM & soft skills and places students in IT companies. this XYZ company has appointed a HR recruitment company to recruit people place them in the IT company.
This XYZ company is charging the HR company a fixed amt for training to be precise 35 k and proper business agreement is signed between HR co and XYZ compnay.
everywhere there are good and bad students the hard working ones get placed in 3 months and everything is fine the rest hv to wait.
the xyz company has not taken a rupee from students instead they hv paid stipened to them inspite of which they go and lodge a complain in police station of cheating, the case is registered and under IPC 420/ 102 B the 2 director and one relative not connected with business is arrested and 3 days of PC and 3 days of JC they go through without any fault of theirs , meanwhile the HR company 2 partners are absconding but they are A1 & A 2 in the FIR rest a3,a4,a5 are the partners.

now the matter is in court last 4 years and even FOC is not done . My question to the honorable jury.
1) can the case proceed with A1 & A2 absent and no effort by police is done to trace them ?
2) is the ingredients of IPC 420 /102B fulfilled in this case ?
3) wht shd be the stand of a3, a4 and a5 as there is no proof wth the students that they hv given money to the XYZ company.
4) if complainant does not turn up for hearing on summons then how many chances the court gives ?

yr kind guidance will be very much appreciated

Anonymous   14 January 2010 at 22:28

quash-acb

sir,
i have filed a quash petition in A.P-High-Court and the same is dismissed ., now can i go for a Appeal/revision for the same. M.Sanjay.