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vinod bansal   24 April 2009 at 22:47

Application for early hearing

Respected All
I filed a pvt crl complaint against Supdt. of police in the court of chief judicial magistrate & today case was fixed for arguments,arguments were advanced by me & now case is fixed for 20-7-09 for consideration on summoning, Magistrate is biased & he knowingly case adjourned for a long date,I want to file a Application for early hearing,what should be grounds & what is remedy available to me in this regard.Thanks

A Truthseeker   24 April 2009 at 20:49

sec-354 IPC

in The Mahabharata we got Droupadi was rescued when Dushyashan attempted to denude her.but Bhima was so exasperated as he took the vow to kill and drink the blood o Dushyashan. that signifies how the Indian women were looked at once upon a time.in IPC outraging modesty of an woman is a bailable offence.sud this British legacy still exist in Indian law?

vinod bansal   24 April 2009 at 17:56

cognizance by magistrate

R/All
when we can say that court has taken cognizance spl. in private complaint cases & in FIR (State) Cases, My query is in context of section 197 crpc in which sanction order is compulsary while taking cognizance against a public servent..in my case i had filed a pvt. complaint against Supdt. Of Police & preliminary evidence has closed & now case is fixed for consideration/order on summoning.whether sanction is mandatory prior to issue summoning order against a public servent in complaint case.

vinod bansal   24 April 2009 at 17:49

appeal/revision against acquittal

R/All
I filed a private criminal complaint in magistrate case uss 323/452/506 IPC in which accused were acquitted now i want to file an appeal/revision against this acquittal,what is provision & i have to move directly in highcourt as it is a complaint (acquittal) case or i can file appeal/revision before sessions court.Thanks

Ranganath   24 April 2009 at 15:39

Is this FIR valid

Ld counsels,
Below is the sequence of events.
1. Compliant's father files a complaint
2. Statement was recorded from complainants daughter and the opposite party
3. Complaint was withdrawn without registering any FIR
4. After one month another compliant was filed by the daughter with addtinal allegations.
5. FIR registered. It was mentioend in the FIR that first information was received on the date of second complaint. But there was no mention of first complaint in FIR.

Is this legally right way of registering the FIR based on a second complaint one month after the first compliant and mentioning that first informaiton is received on the date of second compliant in FIR registration form.

Please clarify

Ranganath   24 April 2009 at 13:11

Traveling abroad while on AB

Is mandatory to take permission from High court to travel abraod while on Anticipatory bail. The AB was ordered more than 6 months back and the accused have attended enquiry once, which was also 6 monts back.

However, The bail order does not impose that restriction.

Ranganath   24 April 2009 at 13:09

Traveling abroad while on AB

Is mandatory to take permission from High court to travel abraod while on Anticipatory bail. The AB was ordered more than 6 months back and the accused have attended enquiry once, which was also 6 monts back.

However, The bail order does not impose that restriction.

Adv. Mohan Chandra   24 April 2009 at 11:28

Complainant has been regularly absent for proceedings

I have asked for opinion on above subject earlier and would like to have some clarification on the new development.

Due to continous absence of the complainant for cross the Honourable Magistrate first penalised the advocate of the complainant and then finally closed the cross.

Recently the complainant put up an application to the Honourable Magistrate that the complainant was attending some urgent matter in Supreme Court on the day and hence could not attend the court for cross examination and the earlier order be cancelled the Honourable Magistrate has asked for my say on the issue.

Subsequently I have put an application for copy of the Rojnama to prove my point that the complaiant has been regularly absent for most part of the proceedings and the particular date was not an exception, further I have checked with the cause list available on the net and have found that there were no issues particularly concerned with the complainant on the particular day in Supreme Court.

I wish to bring the above facts to the notice of the court. Kindly advise on further course of action I should take and if the above steps taken by me are correct.

Mohanji

AMIT TANEJA   23 April 2009 at 12:57

your kind advise needed

If a person with the intension to thread someone carries a pistal with him to his house. but in a heated conversation fire a bullet on the plaitiff who in order to save himself jumps from the balcony and bullet so fired hit him on his leg . THE ACCUSED ALSO FIRES ON THE DAUGHTER AGED 7 AND 9 AND WIFE TO INSURE NO EVIDENCE IS LEFT .

There after the defandant drages his body and hide in frige because of which the plaintiff dies .

now under wt sec the defandant is liable ?

wt sections can save him ?

wt to know the legal posiion of both parties
I HAVE A MOOT COURT AND I WANT TO KNOW HOW TO PRESENT THE CASE
IMEAN
1 FACTS
2 OTHER FAMOUS JUDGEMENTS TO SUPPORT MY CASE
3 UNDER SEC THE ACCUSED SHD BE HELD LIABLE
5 PUNISHMENT PRAYED
THATS ALL OR WHT ELSE

IF ON PROSEUTION CAN I GIVE EXAMPLES OF
1 TANDOOR CASE

2 KHAIRLANJI DALIT MURDER CASE

3MADHUMITA MURDDER CASE

IN ALL THESE CASES ACCUSED WAS GIVIN LIFE IMPRISEMENT

Shashwat Shukla   22 April 2009 at 22:30

Sec. 304 IPC

Hi Experts,
I hv a case in which the complainant's son had illicit relation with the wife and mother of the accused applicants (one is husband and another her son. the complainant said several time to his son to stop the nefarious act but his son did not listen the complainant (It is also mentioned in the FIR). on 17/10/08 at 11:00PM, the deceased went to the house of the accused applicants and at that time the applicants came there from Bangalore and seeing the deceased and his wife/mother in objectionable condition; they became angry and started abusing and beating the complainant's son with danda and bricks.Further after giving first aid in the house of the complainant, they were ready to go to the Hospital with the assistance of gram pradhan and in the meantime his son died at 4:00AM in the morning. the FIR has been lodged on the next day i. e. 18/10/08 at 8:30AM. Kindly assist me what argument i have placed before the court and if any ruling in support of the case u want to refer?