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ask-n-kno   22 March 2016 at 16:59

Misuse of power by police and court blindly following fake police report

Dear learned members please give your valuable suggestions on the following-
Here is a very blatant ,real,every day example of,misuse of power by police-
5 physically physically robust people beat a relatively weak person a lot badly ,abuse ,threaten him,causing wounds,injuries bleeding on various places on body. when people in vicinity gather around, the group of 5 people left hold of that single person.
That single person calls the police control room ,but police doesn’t reach at the place to stop the ongoing offence,after few hours police call that single person to come to police station to give written complaint .
That single person was much wounded and in state of great shock,hence he could not go to police station immediately.The next day he went to police station with written complaint ,police registers FIR against those 5 under appropriate sections of law.( ipc 504,506,323,34,294).That person was medically examined by the competent authority which issues report about injuries ,bleeding,wounds.
After that police went to the spot of incidence ,makes panchanama,takes statement of witnesses,and after some days police completes the investigation,.

After 2 weeks ,these 5 people manage the police by bribe etc,and 1 among that group of 5 makes a false complaint to police that,on the very same date,time,place ,that single person had beaten them ,threatened,abused etc,
Police registers FIR against that single person under ipc 506,294,takes statement of these 5 people as witnesses and then submit both charge sheet to the court.
Both these complaints were investigated by the same person ,investigation officer,the totally contradictory conclusions derived by the same police personnel are-

1) in the first case case ,the same police I/O says ,after investigation ,enquiry to witnesses,panchanama etc, it
is established that ,the charges made by that single person are true,i.,e.,those 5 beat,threatened, abused him,
and those 5 are guilty of commiting that crime
2) in the second case ,the same police person( i/o),says that ,after investigation,it can be concluded that ,the single person beat,threatened,abused those 5 persons,and that single person is guilty.
Any lay man can understand that,either of the 2 versions or conclusions can be true ,both cant be true at the same time,
More over,the great irony is that,the same police person,with same mind,same physical,mental,other capabilities,attributes derives totally contradictory conclusions out of the exactly same situation/same facts,circumstances…( same place,time of incidence)
Any person with sound mind could never accept this
absurd,illogical thing..
It is like saying that, at the same light and darkness exist simultaneously,
also like,two plus two is 4 and two plus two is also zero..
It is the height of insanity,abuse of power by police
Court,dont read the case,blindly ask both parties to furnish bail bonds,and later begin the trials .
What can be done- against that corrupt police person , against the court who is acting blindly.
Is it that such things like same person making investigation deriving fully contradictory conclusions ,is probable,tenable,lawful..if the person would have been different for 2 cases than ,it can be understood that, conclusions may be different,
In such cases,it is permissible by law ,that same person may handle,investigate 2 such cases..

Is there any case law by HC ,SC ,which states that same person cant do investigation in such cases,
What is the duty,obligation pf courts( suo motto) when such matters come to it

The law is well settled that , fair trial , and fair investigation is the fundamental right , and court should intervene when investigation seems to be tainted,biased,unfair, dubious to prevent miscarriage of justice .
Also,prosecution has to prove the case beyond reasonable doubt on its own ,not on weakness of defence party

The second report /prosecution theory obviously sounds doubtful,tainted( investigation sounds tainted
, improbable,unreliable,illogical ) .
Hence in such case, is it not the duty of trial court ,instead of carrying out the full evidence , judge should have first summoned the I/O , who has made such forged report in second case , to ascertain , what exactly is the
truth
What are the available legal ,lawful solutions for this problem (say writ or any other way) to prevent such forged trials to take place .

and ,in the very first, what can be done to stay the trials..
as it seems to be abuse of law..

Thanks


Manohar Manu   22 March 2016 at 16:51

Fake 498a

Hi,

What happens if wife files fake 498A case and does not attend the trial along with her family members who signed as witness ?

SHAKIL SHAIKH   22 March 2016 at 15:38

Civil claime

we have textile unit do jobwork.One party wind up their business without pay our 14 lakh rupees.we claim in civil court in 2006. court called our one of the partner in this case in 2016.
we ask to yourself that the final decision came in our favour and party make his hands over and reply that he has no money/property what we have to do in case case ?? pl. answer...

shakil
dada associates
pandesara, surat.gujarat

RAHUL   22 March 2016 at 13:46

Stay oder

Hi
Is that possible to take stay Oder before the hearing date from court. To stop the sales of Property ??

ROHIT SHARMA   22 March 2016 at 13:43

passport issue

According to the new MEA RULE . Passport can be issued on the basis of Pan card voter id card adhaar card and affidavit of no criminal case . Id there any need of date of birth certificate after the rules applied and when its going to applied

suneetha Jain   22 March 2016 at 13:43

High court

Sir, My Husband filed a case against Bank of India in High Court at Hyderabad in 2013 against his termination. The case did not even reach the judge for admission till date. As a result we are facing problems financially and mentally. We request you to kindly guide us in getting the case reached at the earliest date. Our lawyer says he cannot do any thing in making the case reached to Judge but he can only give arguments when it reaches the Judge. Kindly advise??

Abha   22 March 2016 at 12:55

Two contradicting statements in cross examination

Hello All,

I was cross examined yesterday in my Divorce Case.

The cross examination happened in front of the appointed commissioner.

Somehow the other party lawyer was very shrewd and through some ill means he took two contradicting statements from me.

One statement was in favor of me and other statement on the same topic was not in favor of me. Please can you me how will the Judge decide the case in such scenario.

The statement which i told is correct, i am having proof also. But somehow the way he did cross, was somewhat confusing.

Kindly help. This is very disturbing me as i am struggling with case for over 5 years now.

Thanks,
Abha

Chanchal Nag Chowdhury   22 March 2016 at 12:45

Discharge of accused in poca case.

Accd. is charged u/s13(i)(a)&(d) of PoCA,1988. Documents submitted by IO admitted by Accd. u/s294Crpc.Witnesses including Sanctioning Authority & complainant completed.From the evidence it is apparent that Accd. is innocent but 39 witnesses of formal character yet to be examined. My queries are:-
1)Can I force the court to pass orders U/S 296 CrPC?
2)Can I go for quashing/ dropping of the case at this stage? If so, what is the provision?
3) Any other way where the process can be speeded up/tried summarily?

Harish   22 March 2016 at 12:30

Remedies available to consumer - judgement not passed

Learned Members,

I had filed a case in Karnataka State Consumer Disputes Redressal Commission Bangalore. My case was admitted in January 2012. After a long wait of 4 years, the case was disposed in the first week of January 2016. On the case list in the court, it is mentioned that it is partly allowed. The judgement was not pronounced in the court.

Till date (even after a lapse of 2.5 months) I have not received the Judgement order. When I check with the Bench Clerk, I am informed that the judgement is not yet passed and signed.

What are the remedies available to be to ensure that I get the judgement order.

Can I file a case in the same court against them for deficiency of service.

Thanking you in anticipation

Divakar   22 March 2016 at 11:30

Transfer of flat through gift deed

Dear Sir/Madam
A member in our society has applied for the transfers of flat in his relative’s name vide gift deed executed in relative’s name. Please advise what additional documents are to be submitted by the member and the transfer procedures /fees applicable.