the statement of accused is to be split into components. suppose an accused in police custody makes a statement that after theft he buried the booty near a tree. the booty was recovered . but the part of the statement "that after theft i buried the booty" is inadmissible. only the recovery would be admissible.
on behalf of Accused >>> a faraud held with a bank by some persons. when bank knew about the fraud they called the accused and told him about the fraudulant transation held in his accunt. the Accused then applied for anticipatery bail. the application for ABA filed on14/1/97. notice sent to bank. bank refused to accept the notice stating that they have lodged a complait before CBI. notice issued to CBI too. CBI refused to accept the notice stating that no such complaint filed before them by the said banker. the ourt thereafter send the notice through registrar to the banker ad to the CBI. but both were remain absent and the ABA of Accused was sanctioned by the Session court. on 2/5/97 the banker has lodged a FIR about the said fraud and the person who has taken bail was also joined as a co accused. while the truth is that the person has informed the banker and CBI about the said fraud in january 97 and the banker does not took any steps at that time and sudenly after about a four months i.e. in may 97 the file a Fir and joined the said person as accused?
what remedy is available for the Accused. plz. provide citation if any available in favour of accused.
Thanks in advance
on behalf of Accused no.- 2 >>> complaint filed u/s. 420,467,465, 468, 471,34 IPC acgainst accused.Order passed u/s. 156(3)on 19/12/97 but FIR registered on 12/1/99. reason for delay was given that due to investigation in other I&R matter of other court. the complainant who has filed te complainant is shown as witness in FIR and the complainant is different person. main Accused i.e. Accused no. - 1 who really has commited the offence showed as suspect only. niether he has arrested nor shown as wanted. charged framed twice first in the year 2000 and second in the year 2008.
experts plz. tell what remedy is available for accused no. 2 ??????????
plz. provide any citation/case law is available in favour of Accused no. - 2.
Thanks in avance.
My query on the subject yesterday was what would be expected of the respondant when a preliminary investigation is conducted by a judge in whoose court a false ducument was supposed to have been filed by the respondant in a proceeding. Magistrate comes in picture only when the application is forwared by the judge. The judge is not framing any charges for the offence committed under IPC but only sees whether there is any basis to show the document is false.
The answers I got was only partly.
Can accused file anticipatary bail in offence relating atrocity Act.
when on an application by which a court is made to know that a false document is filed by the respondant during the proceedings in the court, if the judge decided to conduct an enquiry before forwarding the complaint to a magistrate, will any counter filed by the respondant should proove the document is not false?
a woman has been severly beaten by her brother's wife and then hospitalised. Can she file a criminal case under section 323/326/506 IPC if there is already prior pending PWDVA case against the Victim (here who is beaten)filed by her brother's wife?
From her office record under RTI Act 2005 they informed me her papers cancelled in November 2002 instead of December 2002 next paper started from 27th May 2003 instead of 27th June 2003 and result declared of these SO Grade Exam on 11.12.2003 not in September 2002 or in November 2003. DW verify this record.
Smt. Asha Arya registered a case FIR 37/2004 dated 18.2.2004 she was on leave from 11th Feb 2003 to 19 April 2003 after joining her duty she wrote two letter both letters were verified in Defense witnesses because in her cross she denied her signature on the letter and said she was not admitted that she wrote two letter to her office on 20.4.2005 those letters are as follows case is State v/s Avinash Kumar Seth (self)
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 true copy attested by Sh. Chaman Bhandari Sr. AO
(Asha Arya) 20/7/2006
To
Shri V.S. Chauhan
PA to Sr. DAG (Admn.)
Dated: 20.4.2005
The above letter verified by Mr. Chaman Bhandari as Defence Witness
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…..
The above letter verified by Defence witness one Mr. J B Guta & Mr. Jawahar Lal
I never massage on her abdomen and never threat her for money false aligation on me.
She borrow money from my wife Rs.1100/- and also she use to borrow money from other office colleagues this was verified by the bank statement of the complainant as well as the bank authorities.
Now the case is for final arguments on the above letters can i won the case or not?
After filing a divorce suit the wife filed a case u/s 12 of PWVDA..it is purely a false case..PO while preparing the report never inquired and made it on sole version of complainant (it is repetition of complaint)..the case is false and complainant want to create pressure on his husband to withdraw the MAT suit...
What is the remedy to the husband?
Any case law?
IPC
From small offence all serious ones emerge. first man insults then intimidation starts then attempts on person result. in this way all smaller causes give rise to bigger crimes. if all offences are made non-bailable but noncognizable and the upper limit is made life imprisonment and the lower as OR FINE and all offences are triable by experienced judges with at least 10 years experience can we expect better criminal justice and law and order situation?