Member (Account Deleted)
19 March 2008 at 08:07
Hi everyone,
I want to know which Sections (or Chapters) of the CrPC and Indian Evidence Act should one know by heart before joining the bar as a criminal lawyer?
Nijaguna Murthy G
15 March 2008 at 19:13
Sir,
The facts of the case are as under:
Two Deputy Directors (having the same name but initials differs) of a State Govt. Department are working at Two different places in the State. Details are: Their names are A. Ramanna & B. Ramanna respectively.
I- A. RAMANNA’S PARTICULARS:-
1)Name : -A. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Bangalore
4)Year of joining into Service: -1992
5)Promoted as Supdt : -1998
6)Promoted as Asst. Director: -2003
7)Promoted & Presently working as DD at-Bangalore since 2007
II- B. RAMANNA’S PARTICULARS:-
1)Name : -B. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Gulburga
4)Year of joining into Service: -1996
5)Promoted as Supdt : -1999
6)Promoted as Asst. Director: -2004
7)Promoted & Presently working as DD at-Gulburga since 2007
Both A. Ramanna & B. Ramanna were under the scanner of Lokayukta of the State since 2 to 3 months on suspession of possessig assets disprotionate to known source of income.
On a targetted day the Lokayukta Staff conducts raid on the house belonging to B. Ramanna at Bangalore and finds assets disproportionate to B. Ramanna's actual income.The name & initial of B. Ramanna & the address of his Residential House at Bangalore & details of other properties he owns at various localities of Bangalore are properly mentioned in the Source Information Report & FIR.Residential address in the Search warrant of B. Ramanna, DD, is also correctly recorded.
However office he is presently holding is recorded as "Presently working as DD,Bangalore" instead of DD, Gulburga, both in the Source Report & FIR.(Repeatedly mentioned as such for 6 times in the Source Report & FIR).
Further, the search warant(issued by JMFC, Special Court of Bangalore City)in respect of the office of DD is issued says "B. Ramanna, DD, Bangalore" instead of Gulburga. Further there was no search warrant issued against his office at Gulburga. Lokayukta, after learning the fact during the time of raiding his house at Bangalore realizes that his office is at Gulburga & not at Bangalore & hence returns without raiding the DD office, at Bangalore.The case is under investigation by a Dy.SP of Lokayukta, since 3 months.
Now the queries are:
A)Can B. Ramanna file a petition in the High Court of the State seeking squashing of FIR & further proceedings of Lokayukta, on the ground of MISTAKEN IDENTITY & DENIAL OF NATURE JUSTICE? If so, under what Sec. & Acts?? Are there any decided court Judgements of similar case?? (Pl. furnish details)
B)If the judgement is in favour of B. Ramanna, is there any possibility of Lokayukta to file a fresh FIR and conduct/continue proceedings and prosecute B. Ramanna?
C)Can B. Ramanna plead in the court to prove that it is a case of mistaken identity & instead of proceeding against A. Ramanna, Lokayukta have inadvertantly proceeded against him. Can B. Ramanna produce all the relevant documentary evidences which also clearly establishes that even A. Ramanna is also having Disproportionate Assets than his known source of Income & quntum of Assets of A. Ramanna are more than that B. Ramanna??
Since the issue is sensetive, can any body respond early Pl...???
G.N. Murthy.
syedamzadpasha
14 March 2008 at 18:10
sir
My friend working in central governement job and he get married to the lady she belongs to Maharastra and he belongs to Andhra Pradesh. His Brother-in-law(wifes brother) get married and his wife kept 498(a) for all entire family members in nasik police station and my friend and his wife not implicated in the offence and they are falsely implicated. my friend leading marital life happily in andhra pradesh. if any possibility is there to approach the case hereself(in andhra Pradesh)
syedamzadpasha
14 March 2008 at 17:55
sir
My friend belongs to andhra pradesh and he is working in central govt.job and he got marrited a lady belongs to maharastra and he comes to his place and continuing his job and both are leading marital life happily and his brother-in-law(wifes brother) got married. the wife of brother-in-law kept the case of 498(a) at Nasic (maharastra) for all the family members and my friends contention is that if any possibility is there from andhra pradesh to release from the 498(a). Please intitmate me as soon as possible
R Murali
14 March 2008 at 13:35
"X" filed a complaint before the Metropolitan Magistrate for an offence under Sec. 138 of NI Act against "Y" a limited company & its directors "A" & "B". In the complaint, it was alleged by "X" that a cheque for Rs. 10 lacs was issued on behalf of accused company for the debts due to the complainant & said cheque was dishonoured on the ground of insufficency of funds and statutory notice was issued to the accused company as well as to the directors but no amount was paid. The Magistrate took cognizance against the company & its directors. The accused company raised objections that winding up proceedings have been order by the company court and hence no prosecution could be co0ntinued against the company. The magistrate dropped the proceedings against the company but proceeded against the directors. The directors filed an application for dropping of proceedings against them on the ground that the complaint was not maintainable without prosecuting the company. The magistrate dismissed this application, Challenging the order, the directors filed revision before the session court.
How to prepare a memorial offer on behalf the complainant company or Director to argue the case
harish
14 March 2008 at 10:30
Hello,
I am harish. i want to know about the format for legal drafting in criminal & civil cases.
Also help me about how to write a police complaint letter.
regards
Harish
revinson.p.c
10 March 2008 at 11:02
sir
as a [postgraduate student is working under medical officer
as he is obeying orders of medical officer is he responsible for treatment care
is there any such cases in which courts decision what was it
in states like kerala where resident system is not implimented
jayabalan Kris
08 March 2008 at 20:33
08th Mar 2008 (Sat)
Respected sir / madam,
I am srinivas (aged 38 yrs) from Chennai, I got your reference through www.lawersclubindia.com,
I require your valuable suggessions in criminology.
I worked in a private firm as a Business Manager for 8 eight years, during my job (in Sep 2004) the company bounced the cheques of around Rs. 80 Lakhs from various vendors (due to loss in exports) and after few weeks the M.D of the firm expired due to Heart attack .
Since the vendors started pressurizing me the amount, I have resigned from my job few days before the death of the M.D and I have all valid documents of my resignation and the company has also accepted & relieved me from the service.
Then the parties who gave credit & got the cheque bounced complained to the police.
The police had cornered me and asked me to pay around 2 lakhs to leave me from this case.
Since I refused to pay that amount ( I was not having such huge money & moreover I was not guilty ) they arrested me on charges of conspiracy & cheating and I was put in prison for 17 days.
With much difficulty I came out on bail and the case is still pending in the court.
No body has complained against me and the case is between me and the police.
Till this day I used to attend the summons regularly without fail and without a lawyer.
Now the police has produced the charge sheet in court & I am supposed to collect it from the court on 20 March 2008.
( In addition to me they have also arrested 2 directors of the company & 2 staffs related to
this case and every body has hired a lawyer of their own )
In this situation what I want to know is
1. Can I collect the charge sheet (on 20 March 2008) without appointing a Lawyer?
2. Can I argue in court for myself without an advocate, if so what is the procedure & whom
should I contact?
I will be very thankful to you if you could guide me in this issue. Already I have lost lot of money
during bail & I have also lost my name and experience in the Foreign Exchange industry without any fault of mine and now working as a Marketing Executive in a Private Firm and cannot spend much for my case.
Expecting your guidance,
Thanking you,
Yours Truly
srinivas
Anil Khatri
06 March 2008 at 12:40
Dear v n tripathi ji
Thanks for ur reply. Sir my brother's wife filed dowry case on us that we gave her Poisson & tried to kill her. In her affidavit she said that her parents came their house at 7'0 clock (my brother live separated at that time) in the morning and found her in very critical position and admit to her hospital immediately which is only 5 km from their residence. We granted the stay from high court on the basis of actual time of her admission in hospital at 2'0 clock on the same day. We raise the question where was she in the mean time of around 7 hours while as per her & her parents statements she was in critical condition & how can she remain live in that 7 hours without medical treatment.The high court give us stay U/s 482 WHICH WAS VACATED IN dEC'07 ON THE GROUND THAT IT IS A MATTER OF EVIDENCE and prove it at lower court. Pls advice
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Substitution of complainant
A public servant files a criminal complaint in his official capacity. On his transfer, can his successor become the complainant.