ad. creaminall
20 July 2009 at 11:06
on behalf of complainant >>> a complaint filed against a partnership firm and one of its partner who was the signatory of the cheque. after filing of the complaint and after the cross examination of complainant was complete the accused partner is expired. now i want to brought the other partner on the record to represent the firm. how can i do? and under what provision? pl. give me citation for the same if available.
Ganesh
20 July 2009 at 09:52
A person was arerested under S307 of IPC, presented in the lower court court granted judicial custody. Accused made an application for bail in sessions court. Sessions court made a bail order with a condition that the accused has to attend the police station every day. No specific order as to the attendence is upto filing of the charge sheet. Order executed by the lower court. Presently the chargesheet is filed in the lower court.
When Will the lowr court transfer the chargesheet to the sessions court?Is there any time limit?
Does the accused have to follow any particular procedure for transfering the chargesheet from the lower court to the Sessions court?
Rajesh
19 July 2009 at 18:20
Hi, few days back I was going on national highway within a city limit and it was raining heavily. Suddenly a car in front of me stopped, I applied my break but as we were going 40-50 km/hr speed in the fast lane but I banged on the front car. Fortunately nobody injured and we came out of car we stayed there for sometime and then taken each other’s no. and decided to meet later as it was office time, we decide to meet and decide cource of action. But the guy called me next day and said it will cost him 15K-20K to repair his car and I need to pay it. I said I am not responsible for accident and if you still want you can claim from my third party insurance as he was not having his comprehensive policy.
So for that there was requirement of filing FIR, he called after 2 days and said he logged FIR against me. Now what should I do ? Should I go to police station ? should I ask him where he logged FIR and go to that police station? should I wait for the summons ? Please advice.
sudhir Medhekar
19 July 2009 at 14:19
Hi
I've been defamed by the managing committe of the co-op housing societies by sending a letters to the 2 BMC Offices and also with a submission of affidavit-in-reply for the criminal case in High Court
The are series of acts and evidences over a period of 1 yr.
I am a Group A State Govt.Gazzetted officer ,working as professor in prestigiuos Medical College of State Govt.
1) Whether I can file both criminal and civil case ?
2) whether Police complaint necessory before filing a case in the courts ?
3) Due to my present occupation as Sr. Gazzetted officer, Is there any amendments and provision in IPC and CrPC ?
4)for the aforsaid reason ,Is the case triable by the Districs Session Courts or any fast track Special Courts instead of Judicial Metroploitan Magistrate - First Class ?
5)recent high Court and Supreme Court judgement about IPC 499 and 500
Kindly advice me
A Truthseeker
19 July 2009 at 10:52
A criminal commits crime under pent up emotions which if not vent out would drive him mad. at that juncture he is at a blind alley. he is to choose between of being a mad or a criminal. the later is preferable .
vinod bansal
18 July 2009 at 23:13
R/Members
I want to know whether a trial court is right when it held a proclaimed offender guilty (despite this fact that he was not present in the court during the trial) but even though he was held guilty alongwith his other co accused who were present in the court at the time of trial as well as at the time of pronouncement of judgment...in an another case,at the time of trial and argument all accused were present in the court but when the case was fixed for judgment one of the accused on apprehension of conviction remain absent from the court and court held him guilty in his absence alongwith his co accused.what is legal position on this law point .plz enlighten me. Thanx
vinod bansal
18 July 2009 at 21:08
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..its urgent bcoz case is fixed for 20-7-09 for arguments on summoning point.Thanx
venkat reddy
18 July 2009 at 13:33
after receiving complaint police could seize passport of accused or police had to take permission from court to seize the passport.with out rgistering crime can police inform the immigration department to stop the accused from going abroad.
Ranganath
18 July 2009 at 13:23
Dear ld counsels,
Is it possile for magistrate to add new sections and drop existing sections in chargesheet while framing charges.
The chargesheet doesnot reveal dowry demand or threat to life to complainint. Is it possible for magistrate to expand the charges based on statments given by witnesses (close family members of complainant). what is the procedure to be followed by magistrate in this case. also a summon order is also issued which has only ipc section 420 and 417.
Even after taking cognizance can the magitrate alter charges and rope in new accused.
Please clarify
Thanks
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Quash or discharge
Ld Counsels,
Which is a better way to challenge a charge-sheet in a magistrate court. Should I try Quash or Discharge. The nature of accusations are not grave. Prima facie the case appears weak.
Also is it required for the accused to be present in court during the hearing
for discharge petition in a warrant triable case. The case status is summons have been issued for first appearance.
Kindly let me know if migistrate has powers to add more section even after
charge-sheet is filed.
Please clarify.
Thanks