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Rajat sahotra   06 October 2013 at 20:55

Presence of accused before trial court?

A case is pending before a lower trial court Under PFA ACT.

Now one of the accused moved to the high Court for Quashing of complaint against him.The quashing petition is admitted and the entire lower court file is summoned to the High court which is fixed for 18/10/13.

now on last date on 07/08/13 lower court magistrate issued Bailable Warrants against one of the accused and asked him to appear on 17/10/13 at lower trial court i.e. before him.sUMMON WERE DULY RECEIVED BY THAT ACCUSED.

now when entire file of the case is pending in the HIgh Court and lower trial do not have any records OF THE CASE than the accused against whom BW are issued should appear before the trial court or should wait till the file returns from High COURT TO THE LOWER TRIAL COURT?

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Rajesh Thakral   06 October 2013 at 20:27

Pc act 1988

sir i made a complaint of demanding bribe against a clerk with three witnesses to punjab vigilance bureou but no action was taken after waiting four months i put complaint case( Istgaasa ) in lower court under section 161/162/166/167 and section 7/8/11/13 of PC act 1988 . Tell me that my case is in right direction or not

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Anil   03 October 2013 at 00:32

Case

Hi,

I am an Indian citizen living in Canada from 2005 on Permanent Residence status. I visited India only twice till date , once on my brother wedding in Nov 2009 (for 29 days) and in early 2012 for my brother in law wedding (for only 28 days).

My brother got married in Nov 2009 , and in March 2011 his wife falsely implicated my Brother / my father / my mother under 498-A/406/34 IPC. My parent were out on writ petition.

After few counseling and investigation at women cell (only for my brother or husband) – Nanak Pura , case was transferred to lower court where my brother got bail.

I was not aware till I got an email from women cell last week (after 2 and half year) , that my name was also there on the list , see EMAIL below

P.S. CRIME WOMEN CELL NANAKPURA, NEW DELHI

On the complaint of Smt. ABC, the above mentioned case has been registered against you and other family members. This is a criminal case. You are directed to appear before undersigned for joining investigation.

PS/ CRIME WOMEN CELL,
NANAKPURA, NEW DELHI

I came back to Canada after 15 days of their wedding and my last visit was when she already left and filed a case against us. I don’t know what to do as for me it won’t be possible to come to India for the above hearing.

As you guys are expert in these kind of cases what you suggest how should I proceed.

Thx

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Prabhu Yesu   02 October 2013 at 01:11

Divorce lawyer has cheated us and deceived us. please help us

Hi,

The lawyer where we have filed Divorce case has deceived us.

He took close to 3 lakhs and the details are given below

Divorce Case Fee : 30k

Quash Petition : 1lakh

To get Chargesheet and Case Diary copy secretly before summons were issued: 1 Lakh so that quash petition can be applied well in advance

and he took 70k for using the help of other persons
who he would take help of.

At Last we came to know that he is a big fraud lawyer .He did not file a Quash Petition as well.Though he was telling that he has already filed a quash petition but never used to give us the details even after asking repeatedly but the fact was that he did not file a quash petition at all and was simply bluffing .
Now is there a hope for us to get back the amount that was taken rather robbed from us.

For the past 5 months we have been requesting for the money but he keeps telling us that he would give it in next 15 days and starts postponing it everytime we call for it.
But we know that its just a game that he is playing and came to know only after 5 months.
As a proof we have a video recording where in it was clearly recorded of the fact on how he behaved with us,

How he threatened to kill us ,

How he attacked us all , me , my brother and mother and also how he admitted the fact that he received the amount in total i.e 3lakhs.

I would like to approach Bar Council .So can you please suggest what would be the consequences if I approach.
Will I be facing any additional issues apart from the ones that i already have.
Already i am facing 498,Divorce,RCR,Maintaince cases.
Require your guidance on this.

Please help me
Already i have taken NOC from him and hired another lawyer.

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mahendra rai jain   29 September 2013 at 12:29

138 negotiable act

I have filled a case against two accused but only one accused is present and another one is not found, my question is this whether proceedings can be initiate against one accused in absence of another one. case is pending for last 5 years for Talbi. any case law ?

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Mustafa Bhat   28 September 2013 at 09:53

Addendum

Sir,
What is effect on 498A by adding up another demand in cross exam which was neither recorded in police station nor in FIR.

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Member (Account Deleted)   24 September 2013 at 19:25

Section 308 ipc

dear sir,last year police charged sections ipc 308 on me and 3 other persons. the petitioner is an autorickshaw driver. he has given report like this in his petition: me called him for a trip and while on the trip i wrap his neck with a rope and tied hardly back,and vehicle went to road side out of control and came to stop in gear, otherwise he will fall to hill slope which may cause death to him, after that the other 3 people came in a car and hit him roughly with hand and a wheel spanner, also we took his 5000 rs and 24gms gold chain.

The actual situtation was like:

i am the second accused. the first accused is the petitioners cousin(he had some family problem with the petitioner) so he called us to go with him to the rickshaw drivers place which is 50 km far from our place. actually we were four people it was raining heavily that day and we go in my car. at his place the first accused called the rickshaw and we followed the rickshaw. after a km ahead rickshaw stopped at road side safely. both of them get out of it and begin fighting each other, we just watched it infront of the rickshaw were my car is parked.but after half minutes some other rickshaw drivers came that way and support the rickshaw driver and hit the first accused. then we get involved in the matter and we gave some hit and get some,with in minutes we flew away from there in my car. this is wat happened.after that he get admitted in a government hospital and filed a petition in nearby police station. next day police charged 308,426,427 ipc and we took conditional bail and regular bail there after. is the case strong? will we get punished? is 308 strong in our case? we didnt see the medical reports.we didnt stole any things like he said in petition.our advocate is not telling anything clearly, he is in a think that the case can be solved by the both parties. is it possible in the case of 308 which is not compoundable.

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GRK   23 September 2013 at 19:01

Trial lawyer needed

Can you please suggest a Trial Lawyer to represent my case under Domestic Violence Act?

The case is in Chennai. I would like someone who has had previous experience working on a DV case. This is urgent.

Kindly pass on the information, ASAP. Your help will be most appreciated.

Thanks,

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imteyaz farooquee   25 May 2012 at 17:40

428 cr.p.c

Dear experts,
One accused, facing two separate trial of a criminal case and is in judicial custody since three years. Now in both cases, he is convicted for RI three years. My question is on the aspect of 428 Cr.P.C that whether his custody period (already undergone in custody) shall be set-off either in one case or in both cases simultaneously ? if any ruling on this point, please quote.

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Pran   16 May 2012 at 18:32

Quash of 498a

Hello experts ,
I have a stay order for 498 A from high court allahabad and bail from meerut. Last year in november we got mutual divorce ,with written contract and affadavit, from haridwar court .According to contract we paid her 6 lacs and I kept my daughter .She aggreed to take all her cases back and not to further persue the case.

I got married this year in april and she also got married in march.
My question is we applied for quash of 498 in high court allahabad and submitted all contract papers and affadavit,last nov., There had been no hearing date since then.Should we just wait or ,is there some thing else we should do.

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