Rahul Deshpande
08 January 2010 at 15:29
My client has been registered under a criminal case & charged by police constable under IPC section 34,353 in year 1998. The case has come up for evidance now. The charges have been framed. Like to know whether court can acquit him under following circumstances:
Kindly guide on following.
1.What are the ground on which the accused can be acquitted by court?
2.Does the non-attachment of attendence sheet or duty sheet to chargesheet( to prove he was on duty) by constable can be strong reason to prove that circumstances as to case did not exsists?
3.Incase constable produces record of his attendance during course of trial - will that be admissible as evidence keeping in view the fact that he did not attach it initially with chargesheet?
4.The statement of doubt has been made in the chargesheet that accused could have been under influence of alcohol- but no medical/blood test report has been atttached. Will this favour accused?
5. What will constitute as material evidence in this case? Does the witness account constitute material evidence?
5. Can accused get permanent exemption during course of trial incase counsel applies for it?
Looking forward to your opinion.
Rahul Deshpande
08 January 2010 at 00:44
My client has been registered under a criminal case & charged by police constable under IPC section 34,353 in year 1998. The case has come up for evidance now. The charges have been framed. Like to know whether judge can discharge him under following circumstances:
1. Incase prosecution witness deny that they do not remember the event.
2. Incase prosecution witness does not turn up or police constable does not turn up
3. Incase police constable did not to attch duty report or attendance to prove he was on duty at the time of event to the chargesheet
4.If not under above; any other things which you can suggest which can go favourable for him.
Furhter ,like to know the case judgements that will be helpful in this case with a general opinion in regard to judgements in IPC353 cases
What would be the circumstances in which he can be acquited keeping in view the fact that case is around 12 yrs old & burden of proof is on state.
Thanks
Saket
abdulrahaman
07 January 2010 at 23:17
Dear sir ,
kindly clarify by givingcase law.
1) If a complainant by keeping his own employee as main Accused filed a criminal case aganst other employee and third parties for the breach of trust and non execution of contract ,cheating,etc to the extent of 2 crores .The main accused was working with the employer even after filing criminal case until the other persons were arrested.
How far this case is valid in the eyes of law?
Anonymous
06 January 2010 at 11:33
i would like to lodge complain against blackmailer for the black mailing the my client i would like to refer the law of it so pls provdie the full name of the said act and if possible then provide the soft copy of the said act
Anonymous
06 January 2010 at 10:16
Dear Experts,
MR X had joined a rival group of company after getting an offer letter from the rival gruop.The previous employer threatned through his HR head that if he joins the rival company they will defame him, harrass him and register a police complain.Mr X has got this threatining call recorded in his cell phone. Mr X aslo gave a writtn complain to the Police Comm stating that he would be framed by the big people as addmitted in the tape. No action or inquiry made on this. Later the previous employer registered a false complain u/s 420, 467, 468 ,114 112- b etc. because of his contacts. Mr X failed to quash and get A/B from high court. Mr X has to remain out of sight due to this.The complainent has not given any proofs of the IPC's stated to the police, but his intention was to harras MR X and not allow him to continue the new Job.MR X has all relevant documents to prove his innocence, but his apprenhension is that ,police may not take everything on records because they might be questioned later on for registering a false complain. Of course the police is not harassing the accused or his family but how can he put an end to this mis fortune? Going to jail and getting a regular bail is the only remedy? The IPC registered are grave but with no proofs,because this was to only harrass Mr X. and keep him away from the new job.
Urgent guidance needed.
queryking
06 January 2010 at 10:06
in a complaint under secti0n 138 of NI Act, the accused has not given any explanation in 313 statement, when the case was posted for argument accused filed application under S.311 to examine a witness who witnessed handing over of the money(cheque amount) to the complainant, court rejected the application giving the reason that accused has not stated this in 313 statement, what is the significance of 313 in cheque cases? is the court rightly dismissed the application?
Anonymous
05 January 2010 at 23:06
sir,
i told to forget that boy&girl got married(court marriege)and there girl's parent not complent officiealy in police,
can a police still harress especialy my brother who has nothing to do in all this mattter [by asking about my father's fone nomber]
the same person who set the earlier qoery
Anonymous
05 January 2010 at 22:38
5th January 2010, Bangalore
This matter is regarding to a property where I have been living since 1972
This property was built by my Mothers Brother (will call him Joe) in 1964 and he was a bachelor, he died a Bachelor in 1982 and unfortunately did not make any Will regarding the property
My mother’s side consisted of 3 Brothers (Mike, Joe & Pat) & 5 Sisters (Jay, Mar, Eliz, SrA, Mel, & Emil (and none of them are alive today)
The entire property which has 2 separate ground floor units was rented out by my uncle Joe until 1972,
Emil’s Family (My Mother) moved in to a part of the Ground floor unit around the year 1971 & then Joe constructed a further First floor in 1972,
Emil’s Family moved in to the entire first floor portion has been living in the first floor since then
Later Pat’s Second wife & family along with Pat moved into the ground floor unit where Emil was living earlier.
In 1982 when Joe passed away with out making any Will or Deed regarding the Property
All the Brothers & Sisters of Joe who were alive at that time had a discussion and decided that Pat will collect the rent for the remaining unit of the Ground floor & Emil had no objection in this regard
After some Months another Sisters of Joe (SrA) passed away
At this point there were only Mike, Pat, Emil & Mel who were alive
The remaining Brothers & Sister of Joe decided that it would be good to have some legal papers regarding the property, and went in to create something in the line of a GPA,
However in the document my Mothers name (Emil) was not included as one of the GPA and my mother insisted that her name be included, as she felt insecure since the document mentioned that Mel & Mike will be the people who will have the GPA over the property
A case was file against Emil by the rest & after a some years of legal battle the case was dismissed & no one took any interest regarding the property
Now after some years non of Joe’s Brothers or sisters are alive (Mike, Pat, Emil & Mel all passed away)
The house tax is still being paid in the name of Joe & there are no legal documents regarding the property
I & my Younger Sister are still living in the First floor
Pats family is living in the Ground floor and collecting Rent
After the death of Joe’s Brothers & sisters ,Pats elder Son started to claim that he is the Owner of the Property and created serious problems to his Mother & Brother and as a result Pats Mother & Younger Son moved to another house
Of late Pats elder Son claims that he is the Owner of the Property & has been getting drunk with Alcohol & behaving violently and has threatened to kill my sister & my Family
Last month Pats Son started to behave very violently and we called the Police Station & the Night patrol Police took him to the station & kept him there for a while and we filled a form at the police station stating the matter about his misbehavior, and later that night the younger son of Pat asked us not to file a case against his elder brother, So we had a compromise with an understanding that we will not be distributed or troubled in future
Recently Pat Elder sons Wife & Children has moved out of the House at the Moment as he has been beating his wife & Children under the influence of alcohol.
1. I would need advice on how I will be in better position to safe guard my family & myself as I return home late in the Night after my work and feel threatened and the necessary steps or precaution that I need to take incase anything happens for the WORST.
2. How I would be able to bring an end to this Property matter, without getting into any kind of misunderstanding with the rest of the share holders
3. Who would be the Right people that I would need to approach
4. Where & what kind of legal information I would need to refer to get a more better understanding of my current situation
“PLEASE ADVICE & HELP NEEDED AT THE EARLIEST.”
Thank you for your Support in advance
P.S. If I have overlooked or missed any information or details that will be helpful to you & me please email me & I would be glad to provide them
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TERRITORIAL JURISDICTION U/S 138 N I ACT
Please provide any suggestion or any ruling which counter in the court's ruling passed in the case of Harman Electronics Vs National Panasinoc ltd year 2000 for the territorial jurisdiction.