Aaqib Ansari
28 October 2022 at 12:15
Attaching the problem as below: In the village of Mylapore in Tamil Nadu there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu assembly successfully 3 consecutive times. Rahul a management graduate from Annamalai University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in 1987.Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Annamalai University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party in power. Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2nd February, 2012 situation was extremely turbulent hence the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC. The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2012 Under Article 226 and 227 of Chennai High Court challenging the detention of several workers and also claimed compensation. The Chennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding resignation of Rahul Raghuvanshi was the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to control the situation with Rapid Action Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 14th May 2012 in the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted in August, 2012 by the Ruling Party i.e Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter. The commission submitted its report before the House on 17th August, 2013 of the incidents of February, 2012.There was elections hence the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became the Chief Minister in 21 December 2013 and the commission report was again debated with disruptions in the House. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he was booked under sec 153 A of IPC for which Punishment in 3 years, after a lot of pandemonium the Commission report was implemented on 31st December, 2013. The home minister demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 11th January 2014. The magistrate took cognizance of the complaint and convicted Rahul Raghu Vanshi for 3 years imprisonment. The order was challenged in court of sessions/district court, in May, 2015 the order was upheld and eventually it was challenged in Chennai High Court. The High Court admitted the appeal and overruled conviction on 16th November, 2015 of Rahul Raghuvanshi and found that lower courts made gross error in passing such orders. State challenged the High Court order of acquittal in the Supreme Court of India. Issues 1) Is he said appeal maintainable in the Supreme Court? 2) Is the High court justified in setting aside the session court’s order? 3) Does the case have anything pertaining to limitation act or has time barred as per the relevant legal provisions? 4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly? 5) Is the government bound by the findings of Justice Viswanathan commission as regards its implementation or not?
Nagarajan
28 October 2022 at 08:26
I was married in 2016. Wife left to her mother's home for delivery in Nov 2017. Thereafter I filed restitution for conjugal rights in April 2018 after child was born in Feb 2018. Wife filed private complaint to Judicial magistrate under CrPC 156(3) and upon orders FIR was registered on me and my parents. Criminal charges under 498a/406/506(2) was framed in Aug 2019. Thereafter she filed Maintenance under CrPC 125 in 2020 and same is pending. Meanwhile, I not pressed the restitution for conjugal rights as the situation was not encouraging to continue married life with her. Now in 2022, the criminal case trial was completed and we were acquitted. After which I have filed a divorce case under section 13 (1) & 13 (2) under HMA. Now after all these my wife filed DV case against in the same court where the criminal trial was conducted. How to handle this situation?
Is section 300 CrPC applicable for the same incidents. One is criminal charges under 498a/406/506(2) and being acquitted. Another new DV case upon same incidents.
Please suggest way out of this repeated litigations
Anonymous
27 October 2022 at 10:50
Respected sir/madam,
A case was registered against my older uncle, his two sons, my father, me and my minor brother ( 15years) on the complaint of my younger uncle under sec.341, sec.323, sec.325.
In charge sheet police didn't find case true against me and my brother and other four persons got police bail. No one was ever arrested.
But, SDPO recommended everyone and cognizance has been against all six people.
In appearance stage, (before trial can start), my younger uncle filed to withdraw the case and case was closed within a month of his mercy petition.
Have you ever been prosecuted ?
What should I write, Yes or No ?
Thanks.
Anonymous
26 October 2022 at 13:05
is viewing porn in own home is crime. what indian laws say about it.
Anonymous
24 October 2022 at 10:03
Dear All, please advice how to approach
my neighbour is threatening to cut down my tree. The tree is near the edge and my neighbours property is slightly on lower ground..he is complaining the tree is old and might fall..the roots are intact and tree is still strong..I don't want to cut the tree..how do I stop this..if he complains in panchayath what can I do stop this
Anonymous
16 October 2022 at 05:35
I purchased a two wheeler in 2002. During 2014, I sold the vehicle to two wheeler mechanic without ownership transfer( form 29 and form30) . At that time vehicle condition was not good/not working, I thought he keeps the vehicle in his shop.
Recently I came to know that the mechanic sold to another ( without ownership transfer).
I asked him to handover back my vehicle. He is not accepting to give back. The vehicle is in different city.
Would like to know the amicable solution from legal experts.
Thanks.
Athi Vishal HD
15 October 2022 at 08:27
Respected Counsels, my wife got maintainance order in DV act 2017. Im paying amt to her till now as per court order. Now I received family court notice wherein it is directed me to appear in C.miss case unedr 125 crpc ( maintainance)filed by my wife. Is it possible to get 2 maintaince order from 2 different courts for same allegations?. pl give ur valuable suggestions, guidance
Anonymous
14 October 2022 at 06:32
I am a senior citizen aged about 72. My daughter in law was living with my son in a saperated house at different district. They has last resided together on year 2012. On year 2016 my daughter in law file a false 498 A to harrash my family. Police did not call me & even did not send any notice to me & also police did not visit my residence.
My daughter in law did not mention any single specific event against me & my wife.None of the wittiness did not state any allegation against me & my wife.
The case is filed after FOUR year of saperation. She has threatened us to file false 498A case against us & the matter of such threatening was intimated to police in writing in year 2013 & the receipt copy is with me.
I have write letter to DG & CP of police to delist my name from Chargesheet there is no ingredient of 498A against me & my wife & 498A case might not be filed after FOUR year of saperation. Also my wife was passed away on such tremendous mental tension. I have also asked DG & CP to punish culprit as per law for misuse of legal arm & state administration.
If higher official did not take appropriate step can I approach High Court / SC to quash proceedings against me ?
DR.S.K.PRAKASH
12 October 2022 at 12:39
Dear Experts,
Can anyone explain the provision in Section 468 CrPC to reject the discharge petition (under 245) after taking cognizance of the offense for the file of the court even though it deals with the limitation? Does this section have the interpretation to reject the discharge petition under this limitation power apart from accepting the filing of the case within the limitation period?
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Threatening after 144(2) crpc
My opposite party is disturbing & threatening me at the premises wherein I reside. I was force to file 144 (2) crpc. In spite of that agents of my opposite party send group of criminals with revolver with all of them.
I have informed IO & lodges a dairy at local PS. Nobody of the area have courage to wittnest against such criminals. Hence, when police came to inquire about said antisocial activity, only my family members stated true fact of alleged threatening with arms.
Can I pray for police protection ?
Any other remedy -if available, please suggest.