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Prashant Bhat   18 August 2012 at 18:34

Police not arresting the accused in an offence registered u/s 307 of i.p.c.

The main accused along with other co-accused were booked u/s 307 of I.P.C.

The co-accused were arrested, the main accused, who is a politician, was not arrested.

The State Government had withdrawn investigation from the local police station and had handed over to the State C.I.D.

The main accused was twice refused the anticipatory bail by High Court and his regular bail application was also rejected. In spite of which, the police not arresting him and the accused is freely moving in the society.

Police Station refusing to arrest him by forwarding an excuse of the matter now being handled by the State C.I.D., while the State C.I.D. not arresting him with an excuse of necessity of taking necessary permissions from higher-ups (God only knows what necessary permissions.

Recently, the main accused again attacked the same person, for which, one more FIR was registered against him, in spite of which,he is roaming free.

In spite of the mandate of law as per Sec.41(1)(c) of Cr.P.C. and Section 221 of I.P.C. being self-explanatory, still, the High Court is asking to produce some Supreme Court Judgment directing that it is binding upon the investigating agency to arrest and detain such main accused in police custody..

Is there any such judgment? If yes, please mail me the citations on prashantexpress@yahoo.com.

* I require the Supreme Court judgment only.

- Prashant Bhat, Vashi, Navi Mumbai.
Tel.9820099555.






Prashant Bhat   06 August 2012 at 18:57

Magistrate falsely directing investigation u/s 1563) of cr.p.c.

A false complaint of criminal trespass and threat with weapon filed with police who visited the alleged place of offence, did panchnama and made a station diary, which indicate of no any such alleged offence having happened and the complaint being a false alarm.

Further, the same false complaint was privately filed with the Magistrate, who, without any preliminary inquiry therein and under the color of discretionary powers, arbitrarily directed investigation u/s 156(3) of Cr.P.C. against the persons indicated as accused in the said complaint. Consequentially, FIR was registered.

With the merit in the case, the Accused preferred a Criminal Writ Petition in High Court for quashing of FIR, by producing all the aforesaid supporting very strong statutory documents. But, unfortunately, High Court dismissed the petition saying that there is no harm in police investigating the matter and filing a Report to Magistrate.

However, the Police can now not at all alter their own said panchnama and station diary, which clearly upheld the accused's side.

What may happen next?

- Prashant Bhat
Tel. 9820099555.
e-Mail : prashantexpress@yahoo.com

Prashant Bhat   28 May 2012 at 12:10

Cheating, criminal breach of trust and misappropriation of funds . .

My friend has a ration shop in building. It is a co-operative housing society at Worli, Mumbai. My friend is not member of the said Society. My friend already had his shop in the old structure over a land and on redevelopment of the said structure by a private Developer, he was allotted shop in lieu of shop by that Developer.

There were some property tax arrears payable by my friend towards Municipal Corporation of Greater Mumbai. He paid 50% directly to MCGM.

The said Society asked him to pay the rest 50% amount thru it and in lieu of which, it offered to my friend to offer its membership.

Accordingly, in trust, my friend paid that 50% amount to the said Society to pay to MCGM on account of balance revenue arrears for his shop and took the receipt thereof from it, but the Society neither paid the said amount to MCGM nor it adopted him as its Member, as promised.

The said Society also separately owed about Rs.12 lacs on account of property tax arrears towards MCGM, which the said Society not having paid, MCGM served a Notice of Attachment to it. My friend has no relation whatsoever with the said issue, as he is not the member of the said Society at all.

Just to kill the time, the said Society filed a Civil Writ Petition in Hon'ble Bombay High Court against MCGM, wherein Hon'ble High Court passed interim order directing the said Society to deposit Rs.5 lacs, which the said Society deposited.

But, in the said Writ Petition, the Society unnecessarily made my friend as one of the Respondents, for the unknown reasons. My friend filed an Affidavit in Hon'ble High Court disclosing the aforesaid real facts.

The matter is on and is of civil nature.

Now, my friend, on knowledge of having been cheated by the Society, filed a detailed criminal complaint with Worli Police Station, Mumbai along with all the documents. Police called the Society office bearers but did not take any action in the said matter nor registered any cognizable offence in his said complaint nor tendered any reply to him, orally forwarding an excuse of the matter having been pending in Hon'ble Bombay High Court.

According to me, the said pending matter in Hon'ble Bombay High Court is of civil nature while on the other hand, the said complaint by my friend to Worli Police Station is purely of criminal nature, with accusations of willful cheating, criminal breach of trust and misappropriation of funds.

My friend also wrote to Ld Commissioner of Police, Mumbai to direct Worli Police Station u/s 154(3) of Cr.P.C. to register a cognizable offence in his criminal complaint to Worli Police Station. But, there is no reply from the Ld Police Commissioner either.

Who's viewpoint is right? mine or police's?

If I am right, then, in the said circumstances, my friend will have to file a private complaint with the Hon'ble Metropolitan Magistrate to seek his directions u/s 156(3) of Cr.P.C. or u/s 202 of Cr.P.C.

Kindly, guide.

Regards,

- Prashant Bhat.
Tel.9820099555,
e-Mail : prashantexpress@yahoo.com





Prashant Bhat   26 May 2012 at 17:23

Bank ex-parte seizing a saving account . .

if someone has a saving account in a bank with some amount therein.

the same bank has issued him a credit card, wherein he is a defaulter.

he has not given any lien in respect of the said credit card to the bank over his savings account.

the bank has ex-parte restrained him to withdraw his own funds from his saving account.

is this lawful for the bank?

- Prashant Bhat, Vashi, Navi Mumbai.
Tel. 9820099555.
e-Mail : prashantexpress@yahoo.com

Prashant Bhat   26 May 2012 at 17:07

Land acquisition by a non-notified land acquisition officer

a land acquisition award u/s 11 of land acquisition act, 1894 was declared by a special land acquisition officer who was not notified and not lawfully entrusted therefore.

can the said land acquisition still be termed as authentic and constitutional?

- Prashant Bhat, Vashi, Navi Mumbai.
Tel. 9820099555.

Prashant Bhat   26 May 2012 at 16:59

Land acquisition by a non-notified land acquisition officer

a land acquisition award u/s 11 of land acquisition act, 1894 was declared by a special land acquisition officer who was not notified and not lawfully entrusted therefore.

can the said land acquisition still be termed as authentic and constitutional?

- Prashant Bhat, Vashi, Navi Mumbai.
Tel. 9820099555.

Prashant Bhat   26 May 2012 at 16:47

Partition of property constructed on leasehold land . .

Party A leased a plot of land to Party B for 999 years at Bandra in Mumbai Suburban District.

Party B constructed a dwelling unit over the said leasehold land.

After demise of Party B, the younger son of Party B sold-off his alleged 50% rights to some Builder for a consideration.

There is no any partition deed in respect of that dwelling unit.

Now that Builder has captured 50% of the said property based on the deed with the younger son of the deceased lessee.

Is this authentic? Can there be partition of a property built on a lease-hold land?
If yes, what is the lawful procedure that should be adopted for such partition?

- Prashant Bhat, Vashi, Navi Mumbai.

Prashant Bhat   26 May 2012 at 16:35

Redevelopment of co-op. hsg. soc. when landowner not traceable..

how to put up a plan for re-development of old building of a co-op. housing society before Municipal Corporation of Greater Mumbai, when the original owner of the plot is not traceable and has not conveyed the said plot in the name of the society?


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