Member (Account Deleted)
06 October 2009 at 16:31
The Young Persons (Harmful Publications) Act, 1956
Are obscene clippings in films, dance shows in Television channels,fashion shows in india, exposing pictutres on magzines comming under The Young Persons (Harmful Publications) Act, 1956 or not?
jagadhathri
06 October 2009 at 16:01
in a civil case plaint can be amended at any stage by filing APC..... lik wise whether a complaint can also be amended? if yes or no give sec regarding tat..
arun
06 October 2009 at 09:45
has cr.p.c.amendment act. 2008 been notified or not?
arun
05 October 2009 at 17:38
Dear All,
Can any one of you help me in making a clear distinction between section 451, 452 and 457 of the Criminal procedure Code?
Ranganath
04 October 2009 at 20:29
Ld counsels,
Chargesheet has been filed alleging offenses u/s 420 and 417. Cognizance taken and summons issued. Accused filed discharge. In this case there is already a complaint alleging dowry demand but no FIR was registered based on this.
1. Process is issued based on second complaint. Is the court right in taking cognizance of the chargesheet arising out of second complaint without considering the final report of the first complaint. Though it is mentioned in teh second complaint that there is a previous complaint prior to this one. magistrate issued process with out reading the FIR.
2. Will discharge be dismissed citing that there are allegations of dowry demand and there is a possibility of framing charges though prima facie offenses u/s 420,417 is not established.
3. Will discharge be possible when the complainant is found to be lying on the face of the record which amounts to fraud on court.
Please clarify
Thanks
jagadhathri
04 October 2009 at 19:45
in a civil case if a suit is dismissed for default it can be restored by filing restore petition... like that in a criminal case if a complaint was dismissed whether it can be restored...
jagadhathri
04 October 2009 at 19:37
whether a magistrate can reject a bail application with sufficient ground for a bailable offence
Ashok Srivastava
04 October 2009 at 18:37
Dear Sir,
When wife is not ready to compromise in 498 a Case, then whether Anticipatory bail to husband is allowed or not? Because her parents are not ready to send her daughter due to medically unfit to deliver a chile in future.
Please advice me from your valuable suggestion.
Yours'
Ashok Srivastava
Avinash kumar seth
04 October 2009 at 10:47
She stated in her cross examination
It is wrong to suggest that the
complaint made by me against
accused is false or by way of cheating
has been made. It is wrong to suggest
that contents of the complaint
are all false.
It is wrong to
suggest that I had admitted that
my complaint was false or I
wrote letter to Shri V. S. Chauhan
to Sr. PA DAG Administration
confessing the same on 20/4/05
or that I sent said letter after
signing to V.S. Chauhan. I do
not admit signature on Mark
A at point A.
It is wrong to
suggest that I had written any letter to Senior DAG (Admn) addressing to him and that very letter bears the signatures of two witnesses nor I had written second letter to Sh. V.S. Chauhan, P.A. to Senior DAG (Admn) nor I had showed any apology against the provision that I had furnished in the FIR being the same falsely leveled against the accused nor I have never disclosed the facts of these two letters to my husband being the same letter not written by me to any officer.
It is wrong to suggest that I had made complaints on two occasions on
20.4.2005 against my husband in writing to my officers. It is correct that I had made these two aforesaid complaints against my husband to the Chowki In charge R.K. Puram, Sector-4, New Delhi affiliated to PS R.K. Puram, New Delhi. It is correct that I had made these complaints in the month of April 2004. Again said, Sorry, in the year 2005
This letter she wrote to her office on 20.4.2005
Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi-110002, without any influence and pressure from any body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated.
Sd/-
20/4/2005
Dated: 20.4.2005 (Asha Arya)
To
Shri V.S. Chauhan
PA to Sr. DAG (Admn.)
- DW8 Shri Chaman Bhandari s/o Late P.S. Bhandari, Sr. A.O., AG (Audit) AGCR
on SA
The statement submitted by Smt. Asha Arya in the office of AG (Audit), Delhi is true attested copy of the original as per our office record. This statement was attested by me as true within the capacity of Sr. Audit Officer. The statement is Marked as Mark A.
Xxx By Ld. APP for the State
I do not know as to who had asked about the same information but I submitted the same as part of the record of the office. I know the complainant for about 4-5 years since she was working in the same office. I do have interaction with her as office colleague. I do not know about the behaviour of complainant. It is wrong to suggest that I am deposing falsel
And This is the second letter she wrote to her office authority with two witnesses.
To
The Sr. Dy. Acctt. General (Admn.),
O/o the Accountant General (Audit), Delhi,
AGCR Bldg.,
New Delhi-110002
I, Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi without any influence and pressure from an body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false, baseless and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated. I apologize to the office and Sh. V.S. Chauhan for my wrong doings and I assure you Sir that such type of things will not occur in future.
Sd/-
Dated: 20.04.2005 (ASHA ARYA)
Witness
1 J.B. Gupta
AO (Estt.) Sd/- 20/4/05
2 Jawahar Lal
A.O. (Admn.)
O/o (Audit) Delhi Sd/- 20/4/05
“Sr. DAG (Admn & A/CS)’’
Dy. No…….62……….
Date……21/4…..
- Above letter submitted byMr.V.S.Chauhan PW-6 on 1.12.2008 at the time of his cross examinatiion– marked as Mark ‘Z’
DW4 Shri J.B. Gupta, Sr. AO, AGCR,
On SA
I identify my signature on Ex. DW4/A at point ‘A’
xxxx by Ld APP to state
I became witness to said document at instance of Asha Arya who had signed the same in my presence. I cannot say that the said document was got forcibly signed by Asha Arya.
DW5 Shri Jawahar Lal Sr. AO (Admn.), AGCR,
on SA
I identify my signatures on Ex DW4/A at point ‘B’ . The same was signed by Asha Arya in my presence.
Xxxxx by Ld APP to state -
It is wrong to suggest that Ex PW4/A was got forcibly signed by Asha Arya. I know Asha Arya as she was working in my office. I had witnessed the said document at instance of Asha Arya. V. S. Chauhan was also working in the office. It is wrong to suggest that I signed the said document under pressure of V.S.Chauhan
Please guide me on the above facts I won tghe case or not.
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Whether period of remand be set off
Dear All,
An absconding accused wanted by 2 agencies against whom NBW's were pending was arrested by one agency and remanded to judicial custody. The second agency files an application for issuance of PT warrant for production of the accused in their case and the PT warrant is issued by the magistrate after directing the agency to return the un executed NBW.
When accused is produced on PT warrant for the hearing, the magistrate remands him to judicial custody in that case and the remand is periodically extended. Later magistrate grants bail to the accused in the 2nd bail application which was heavily contested by the prosecution.
The prosecution moves the High Court for cancellation of bail and obtains stay of the bail order. Subsequently the accused gets bail in the other case and moves the high court for dismissal of the petition filed by prosecution. In the course of arguments the prosecution takes a stand for the first time that since they have never arrested the accused at any point of time, grant of bail to the accused by the magistrate is wrong. The High Court holds that since accused was not arrested in this case no bail is necessary and he is released.
The magistrate has been periodically remanding the accused to custody. The bail applications were contested by the prosecution on merits upto the HC and the argument of not arresting was taken for the 1st time during the arguments. The question is whether the accused is entitled to seek set off the period of remand by the magistrate in the final sentence.
Please give me a considered opinion.
Thanks,
N.Ramakrishnan, ADV