Shonee Kapoor
02 February 2009 at 17:28
Dear Sir,
I am a relatively new member at lawyersclubindia forum. I have been impressed by your knowledge and sharing on the forum. However, there is one particular question, on which I have not got satisfactory reply, hence bothering you over PM.
I have been fighting a case u/s 498-A/ 406. I have also been charged with various other cases like 506 and assualt on multiple times after filing of 498-A case. The reason for the same is that I have refused their demand of Rs. 25 Lacs for settlement and am fighting 498-A case on merit.
Recently I have been acquitted in one case of threatening, physical assault and attempt to snatch the child along with another case under Domestic Violence.
I want the police to act under 182IPC for the wrong information given to them to file these other cases against me. However, the police is not acting on it. And on the top of it, they have lodged another complaint of threatening and physical assault.
I have been given to understand that I can not lodge a private complaint under 182IPC as CrPC 195 bars it. Does that mean that I am remedyless against their false complaints, if police does not lodge a case against them.
And if I am remedyless would I keep on fighting successive cases of 506 and 323? Is there no remedy against it.
Your valued opinion would be very helpful.
Regards,
Shonee Kapoor
Ranganath
02 February 2009 at 17:16
Ld Counsels, I am falsely implicated by my wife and father in law. My FIL gave a complaint stating that I demanded 10 lakhs for living with his daughter. After one month police took another statement from my wife that says I am not interested to live with her and I am demanding money even to give divorce. If she wanted divorce she should have approached family court instead. The fact that we attended couseling before going to police is not revealed in teh first statement. Also the FIR is filed after one month since the compliant is lodged. This is a counterblast for my petition in family court under section 9 of HMA. My wife has left my home with all her things and threatening me to give money. Can this FIR be quashed. There is no mention of date and place of dowry demand, the statement that she seeks divorce and his fathers statement that I demanded money to live with her is contradicting. Also pls tell me if police can tamper with statemetns made and further complicate the matter. I have not received summons from court. FIR registered on 10th Nov 2008.
Jainodin shaikh
02 February 2009 at 16:17
(1) Whethe accused person can apoint a new lawyer without obtaing N.O.C. from his previously apointed lawyer?
(2) Is it necessary to obtain N.O.C. before filing new Vakaalatnama in a criminal matter?
(3) Can a lawyer defend the accused in criminal matter without filing Vakaalatnama?
(4) under which provisions of law?
(5) Is there any caselaw to clear this point?
Jainodin shaikh
31 January 2009 at 23:21
What defence under The Negotiable Instrument Act is available to the accused who allegely have issued a cheque(bounced after presentation for clearing) in favour of the Complainant and of himself (drawer + drawee) which is an unusual behaviour?
N.K.Assumi
31 January 2009 at 06:55
Is it legal for the court to passed mechanical order of Remand without physical productions of accused before the judicial magistrate or magistrate?
N.K.Assumi
31 January 2009 at 06:50
Does the words Judicial magistrate and Magistrate in sections 56,57 and 167 Crpc also include Addl Session judge, Session judge and High Court also? if so are they competent to remand an accused in Custody?
vinod bansal
30 January 2009 at 20:36
Plz anyone suggest me citation of any highcourt or supreme court in favour of Respondents i.e. Dever & Father in law .Thanks
vinod bansal
30 January 2009 at 19:56
Sir
whether police can lodge a FIR against already expired person who commit an offence of cheating when he was alive.
vijay tomar
29 January 2009 at 20:21
my query is that if all the male members including husband and two sons of any family be convicted under section 307 and 325 of IPC in a dispute arising out from a property dispute for a period of 5year R.I. along with fine, Can the wife's severe illness(ventricular tachycardia) be a fit reason for bail of husband under section 389 cr.p.c if yes than please suggest some citations regarding that. Its urgent.
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case pending
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