Anonymous
01 June 2022 at 23:25
My uncle file complaint before police for theft. Since police didn't take any action, he went to court u/s 156 cpc to consider the complaint as FIR.
The complaint is now become FIR.
Due to personal ground my uncle want to withdraw the complaint. How he could do it ?
Madhu Mittal
01 June 2022 at 22:44
A loan is granted to be repaid in 12 equal installments by taking 12 post dated cheques.
Post dated Cheques for 5th to 8th installments were dishonoured ,so Ist case u/s 138 was lodged for these four cheques.
Post dated Cheques for 9th to 12th installments were dishonoured ,so IInd case u/s 138 was lodged for these four cheques.
In Ist case affidavit of Complainant was duly filed and now case is for examination of accused u/s 313 crpc.
In IInd case “affidavit of Complainant was duly filed or not” is not confirmed, but affidavit is not available in the Court record file, and now case is for examination of accused u/s 313 crpc.
In both the cases, Cross examination of Complainant was already held.
Now at this stage, attention of the court automatically has gone that there is no Affidavit of Complainant in IInd Case.
Now Hon’ble Court is asking to complainant what to do in this position. So please guide, if possible with citation.
Anonymous
22 May 2022 at 00:16
A a person was hit by my car from backside, he sustained multiple fractures. His family members gave complaint to police.
Now, Police filed IPC 338 on me and they gave me station bail.
I tried to help the injured but his family is demanding hefty money from me which i cannot give.
Police suggested me to contact some good criminal lawyer to defend in the court as there is clear evidence of my negligence on my side.
Police also said that in a month or two, i would get notice from court also.
police also said that i would be behind the bars for 1 year as per criminal law.
I am bank employee and my colleagues are also there in the car with me.
If any one of my colleague informs to the higher officials, will i get suspended because of on going criminal case on me?
Should i inform officials about the accident case before my colleagues does? will i get suspended and eventually gets terminated from the service?
Please help me what should i do, need some valid suggestions as it is linked to my livelihood.
Anonymous
21 May 2022 at 21:57
Dear expart,
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?
Anonymous
21 May 2022 at 19:55
Sir,
1. My wife filed 125 CRPC against me & the case was dismissed for default.
2. She again file restoration petition to restore dismissed 125 CRPC.
3. Restoration petition was dismissed for violation of court's order.
Can it be concluded that 125 CRPC was dismissed on merit ?
4. She again file 125 CRPC on same ground and interim maintenance is allowed.
Can I appeal before High Court to dismiss 125 CRPC since lower court cannot review its own order ?
Balakrishnan Ramaraj
18 May 2022 at 23:59
Dear Expert,
I am a senior citizen aged around 72 and living with my wife aged around 62 in Tamil Nadu state. we have land dispute issue with neighbours and relatives. my son and daughter are living in Chennai for there work visit once in a month. we are facing lot of threatening and oral violence with this member. and we have filed a police compliant and Police not taking any steps to help me and wife.
Please help / Guide me to escalate this case to higher officers and live a peaceful life.
Thanks
Balakrishnan
Anonymous
17 May 2022 at 13:27
In IPC 338 is a compoundable offence with the permission of court (what I read from internet).
Also the punishment is 2 years or fine or both.
I am on station bail now and i was said that i would need to go to court till i get conviction or acquittal.
What if the complainant and injured are not ready to settle the case out side the court as we have third party insurance covered for the vehicle.
1. If the court convicts me and awards any imprisonment, what should i do?
2. If the appellate court and high court also confirms the lower court judgement, do I need to suffer 3. the punishment awarded by the court or law ?
what can I do here ?
Sadanand bhisaji Panchal
16 May 2022 at 11:19
Respected Experts,
In 2015 Police registered false FIR against me U/s. 326 and 506 if IPC on complaint of lady known to me. On information, I obtained certified copy of FIR from Magistrate Court where date of offence was 08/08/2015. I filed Criminal Writ Petition in the Hon’ble Bombay High Court praying for quashing the FIR. After about 2.5 years, investigating officer filed charge sheet in the court and one copy tendered to me. In the FIR annexed to the charge sheet I found that the date of offence was altered from 08/08/2015 to 08/09/2015 by using whitener and also there found other fabrications. My Writ Petition is pending in High Court where Xerox of original FIR is relied. When I made Application under RTI to the Police Station, the Public Information Officer informed me in writing that the FIR Book containing original FIR is not available.
I do not know what to do. Kindly inform me as under:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
2) Whether my Writ Petition become infructuous because of change in date of offence?
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Thanking You,
Sadanand Panchal
Anonymous
14 May 2022 at 20:16
If multiple witnesses changes the statement in the court which is completely different from chargesheet, does court consider them as admissible.
In the chargesheet, i see below.
Witness 1 said the crime occurred at 2 AM
witness 2 said the crime occurred at 2 AM
witness 3 said the crime occurred at 2 PM
witness 4 said the crime occurred at 2 PM.
Now if the witness 3 and 4 say that it is 2 AM does the court permits these statements as they are deviated from witness statements recorded by police during chargesheet?
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Money not refunding
I have given Rs 15 lach through account transfer & Rs 5 lack to XXX in good faith for his business upon verbal promise that he will refund the amount within six month with interest.
Now l am urgently need the money. XXX refused to refund any amount to me.
Can I complain U/S 406 &420 IPC to recover the amount with interest ?