RAJ
20 June 2016 at 23:21
Dear Experts,
A criminal case was filed on behalf on an elder brother against his own younger brother following a true incident; in which the younger one made a hidden attack inflicting serious injuries and harm on him one dark evening, on his way back home from the market.
Afterwards the younger ones wife filed a fake and fabricated counter case [ CMP through CRPC 156 (3)] charging the elder brother his wife and son on assault, theft etc.The charges were based on their false dramatised version that the three attacked the petitioner and her husband at an inherited joint propery ( for which a partition suit exists for the boundary demarcation of their proposed adjacent plots as Regular Seconds Appeal at the High Court) where the elder is living with his family in his own home in his proposed share for the past twenty six years.
The aforesaid fake case has the following remarkable aspects which establish the deceptive nature of the same also proving the innocence of the accused.
1. In the F.I.R the incident is said to have happened on 5th March 2010; but the private objection was filed and reported to the police on 4th May 2015 (after 60 days).
2. There are remarkable dissimilarities in certain details related to the alleged incident as documented in the statement given to the police and in the suit itself.
• A machete forcefully taken from the petitioner, was used for slashing three times in the petitioners left forearm; and was thrown to a nearby thicket as per the statement given to the police by her.
However in the suit that the same machete was specified to be in the respondents possession after using it for a single chop in her left forearm.
• The petitioner (younger brothers wife) was pushed down, kicked and forcefully stepped on by the three of the respondents as per the suit, but this was not specified in the statement to the police.
However in the statement it was specified that the second respondent (the elder couples son) pushed the petitioners husband down and the three of them together have inflicted physical harm on him.
3. A 30gm gold necklace was mentioned to be stolen from her (petitioner) by the elder brothers wife (as per the suit); whereas the same incident is not seen to be mentioned in the statement to the police.
Whereas in the statements given to the police; her necklace was pulled by the elder ones wife, which snapped during the incident.
A loss of Rs.40000 was made to the complainant due to the theft as per the suit but the same is not mentioned in the statement given to the police
4. Upon closer examination of the details in the statement given to the police the petitioner herself has frankly told; that as instructed by her husband the respondents son’s name was dragged in purposefully for making the case firmer for including serious criminal sections.(The police report confirms the fact)
5. Also in the statement to the police she pointed out similarly that as advised by her husband she has included the story of stolen necklace further to include the charges for theft, that too for a stronger case.
6. All the so called witnesses who claim to have seen the incident are the petitioners own mother, brother and husband.
7. There are also two ongoing criminal cases and a series of complaints at the local police station,all filed against the petitioners husband (following true incidents with court worthy documents and evidences), concerning inflicting physical harm on the respondents, causing damage to their household and property etc.
A prayer for discharge of the case on the basis of groundless and fake accusations under CrPC 239 has been filed at the first class judicial magistrate.By the virtue of your extensive experience and skilled expertise in the field kindly enlighten me on the following
A. Considering the above explained details would it be probable for getting a discharge of the case from the magistrate.
B. If the same is dismissed by the magistrate is there any option to challenge it at the high court under the crpc 379?
C. Would a direct quash attempt under crpc 487 at High Court could have been more effective in this case.
D. Is there any limitation for the appeals in the higher courts once a similar one is dismissed by a lower court.
E. Is the section CrPC 273 relevant/effective in this scenario.
Kindly share all the relevant strategies and moves effective in this case to prevent the innocent respondents from going through the trial for these false accusations (ie. Atleast by getting exemption from the personal appearance) ; by the advantage of quashing/discharge.
Dhrubajyoti Das
20 June 2016 at 22:46
Sir,
My Dad Haas Rented To A Tenant A shop 20 years ago, now my Father's Age Is near 70 , he is now retired from his private sector job , the agreement with tenant was made. Now my father wants to start a little business at his shop, he send a 3 months legal notice to tenant to leave the shop but the tenant is not replying and refused to leave the rented shop,
My question is An Evacuation case should start. But how long it takes ? I want to know max or minimum time period. And my Father's income is now became zero as he worked in private sector, rent is now 300 as per aggreement .. 20 year ago at the time of agreement the tenant gave 50,000 rs as advance, in 10rs notary paper agreement was made, may i expect a positive result from evacuation case ? Now my Father's only options is that shop for his earnings.
I want to know any legal tricks which will do some favor for my dad to take the shop soon.
May i force the tenant with local friends as the tenant is not very strong.
Thank you ...
Anonymous
20 June 2016 at 22:23
If lost in the lower court for case 138, then what is the time period for appealing in the higher court and the cheque amt is rs. 80,00,000 and order is passed double the amt. So case would be appealed for session court or high court?
Adv. Mitesh Varshney
20 June 2016 at 21:56
I am working as a 1 month contract employee for a LPO at the stipend of 12k. As per my contract I have to work for 5 days/week, with 9hrs/day. I do not know what is my per day salary, someone says its 400/day I.e. 12k / 30 days and someone says 533/day, I.e. 12k / 21.67 days. Would be glad if someone can help me regards to this.
Also, I am working overtime since the 1st day. My manager says I will get 50 ₹ per hour for OT & 500 ₹/day of 9 hours for working on off days i.e. saturday and sunday. And if i do OT on off days, i.e. Beyond 9hrs, i would get 50₹. Please can someone help me regards to this.
Prof. B.Krishna
20 June 2016 at 21:36
Sir,
I have rented one of my house.
I have given my house into the possession of the person who has taken my house on rent.
Question is: with whom the original agreement must be ?
Aakshaye
20 June 2016 at 20:26
Accused is a 30+ year old lawyer and is currently not to be found. He has taken very large sums of money from many people , and a few have done cases on him.
1. he was put in jail, but allowed to leave after he paid bail. he is out on bail on a FIR report s420 / 428 . judge gives 6 month date. he has nowed for the last date.
2. he has 2 cases (1 party) under s138 in esplanade court , mumbai . he has signed consent terms in court , and agreed to pay. but now is not appearing and has no legal representation. judge gives bi-monthly date.
3. he has 1 cases (1 party senior citizen widow lady) under s138 in esplanade court , mumbai . he has signed consent terms in court , and agreed to pay. but now is not appearing and has no legal representation. judge gives 1 monthly date.
4. he has 2 cases (1 party) under s138 in bandra court, mumbai . no legal representation. judge gives date.
5. he has been ordered by bombay High Court to appear in court for a seperate matter, and the police are unable to find him.
6.There have been 2 articles in TOI against this lawyer and his acts.
7. Bar council Mumbai and Goa has been notified of all facts and 2 seperate cases have been lodged against him, however they expect us to find him and bring him. he has not appeared even once. his notice has not yet been delivered.
8. his wife claims to have left him and has no idea where he is.
what route can we take ? how do we find justice ? we are the ones suffering by going diligently on every case date, but disappointed with another date and a no=show on his part. all party lawyers are losing interest .
is it so easy for an advocate to find loop holes in s138 and con innocent people by taking their money , and get away with it ?
i need an expert's honest opinion,
will we get justice ?
will we get our money back ?
will i get interest on it , as he has signed on my consent terms ?
can he be found ?
Rakesh
20 June 2016 at 18:02
Pay Protection issue.
Sir, I was working with a PSU. In 2014 I have joined central govt service (group B post)after my selection THROUGH INTERVIEW CONDUCTED BY STAFF SELECTION COMMISSION (SSC). I submitted my experience certificate at the time of interview wherein my pay scale was mentioned. I was granted lien on my post in PSU for 2 years. But when I applied for pay protection benefits, the same was denied BY Central Govt. stating that SSC has to recommend for pay protection benefits. Total 18 candidates were selected and a common recommendation was sent by SSC. Sir, I have been denied pay protection benefit for no fault of mine. Please guide me so that I can get pay protection benefit.
Regards Rakesh
Uday Kumar
20 June 2016 at 17:41
Dear Sir,
Kindly advise if there is any restriction about Number of Cheque for filing of the Complaint case U/S 138 Ni Act.
We have 6 cheques bounced..can we file one complaint against all these 6 cheques
Please advise
With Regards
Uday Kumar
Ashish D. Philip
20 June 2016 at 16:55
My name in all documents i.e.from birth certificate to educational&legal documents,is 'ASHISH D PHILIP'. When I applied for Passport I was told that initials not allowed (in my name there is an initial 'D') and rejected the application.
Kindly advise how can I get passport.
Thanks,
ASHISH D PHILIP
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House rent agreement issue
AFTER PREPARING AN HOUSE RENT AGREEMENT, WITH WHOM THE ORIGINAL AGREEMENT SHOULD BE? EITHER WITH THE OWNER OR THE TENANT?