arif
05 December 2015 at 05:53
Case detail
A FIR was registered against 3 accused in cow slaughtering act by Mr.X . He purposely added/ inserted a line in the FIR that when he catched us we opened fire at him( over writing is visible) . So three cases were registered. Case No. 1: u/s 147, 148,149,34 ,and 307 Case 2: U/s cow slaughtering act, Case 3: under arms act 30. Seizure were made and seizure memo was prepared in which the police seize meat, knives, car and gun, one live cartridge and one empty cartridge.
Three accused sent to jail. The police conducted an investigation and found that Case 1 is not made out as based on the bayan of 4 independent witness that there was no fire on site on anybody, no injury to anyone , no cow was slaughtered and only a pahari was hunted.
In case 1, the police submitted the FR to court.
In Case 2: The police sent the recovered meat to forensic lab to determine whether the meat belongs to cow and the report came that the meat does not belong to cow and its progeny. The police requested the court to convert the case in to wild life act u/s 9/51 ( Killing of Phari ( Neel Gai) by submitting the application under crpc 167 and the court took the cognizance and converted the case into wild life and then investigation officer (SI) filed the charge sheet in court u/s 9/51 against all 3 accused.
Case 3: The police filed the charge sheet against one accused only who has the licence of gun.
Later the police informed after almost 2 months informed the District forest officer to initiate proceedings for confiscation of car as the car was involved in carrying of meat of wild animal.
Now we are fighting the case (CrPC 239 revision at district judge Moradabad, JM rejected application U/s 239) on the following point
1) The FIR was registered in cow slaughtering act and when forensic report denied that the meat does not belong to cow and its progeny and nowhere the report indicate that the meat is of which animal then how SI can assume that the meat belong to a wild animal and can convert the case into wild life protection act U/s 9/51.
2) As per WPA 1972, NO court can take cognisance against the offence committed against this act unless the complaint filed ( As per section 55 of WPA) by chief conservator forest /DFO and related officer ( In our case , No complaint was filed by DFO or wild life officer). And police officer is not authorised to submit complaint or charge sheet as per section 55 of WPA 1972
3) Even police officer are not authorise to conduct investigation and record the statement of accused and witness as section 50(8) of WPA
4) Forensic report is not available that meat belongs to which schedule of animal as per wild life protection act.
5) Post mortem of the animal was not conducted so no report is available.
6) Vitenary surgeon report suggesting that the recovered meat is of wild animal is not available. Although he signed on the seizure memo and was available at the time of arrest and seizure.
7) Ballastic report of gun and animal is also not available.
8) Even as per independent witnesses bayan , that the pahari was hunted on that day. Pahari does not fall into any schedule given in the WPA schedule animal list. So how the wild life case can be made against us
As per merit I would like to know your opinion on the following
1) Can court authorise to take cognizance of wild case directly on police chargesheet.
2) Can court overlook and bypass the provision of act such as section 55 and section 50.
3) Can court without receiving the complaint from DFO or authorised officer initiate the proceeding of framing the charges against accused?
4) Can a court convict a person without any scientific proof or test report of meat
5) Can a police investigate wild life cases ( As per section 50(4) the police not below the rank of SI can detain, arrest, seize and search but as per act the investigation, recording of bayan, and filing of complaint only DFO, Chief wild life wardens etc are only authorise as per section 55)
6) Can I get relief from district court? What are the chance
7) If suppose district court reject, and if I file in 482 in allahbad high court , what are the chances of getting relief
8) Can you provide me references of section 55 in which court granted relief if the case is filed by police officer
Please note that still the charges are not framed
if you need any information further , plrase let me know
Regards
arif
BHARTI KOTHARI
05 December 2015 at 01:02
can court pass decree of eviction on the ground of non user ,merely on basis of electricity bill. can electric bill of less amount in the relavant period considered as final conclusion of continious non user.
Hamsa Dara
05 December 2015 at 00:38
Hello sir,
We have a flat in a chs in Mumbai. My father passed away 1 year back suddenly and has left no nominee or will behind. Due to certain financial issues in the family few years back there were some dues in the society maintenance charges. However we are now ready to clear the same and even want the flat transferred on my mothers name. We are 2 daughters and mother and have no issues in the flat being transferred to our mother. However the society is not taking any interest in flat transfer, moreover is not accepting the maintenance due. Pls help us know the transfer procedure in such case and the documents required.
Looking forward for your help.
Regards
Hamsa
rocky
05 December 2015 at 00:37
1.MR. ABC(HINDU) HAD FOUR CHILDREN - 1 SON (MARRIED AND LIVING WITH MR.ABC)& 3 MARRIED DAUGHTERS.
2.MR.ABC DIED IN THE YEAR 2007 LIVING BEHIND HOUSE (Made on Residential plot) WITHOUT ANY WILL.
3.HIS WIFE ALSO DIED WITHIN WEEK TIME.
4.AFTER EIGHT YEARS i.e. IN THE YEAR 2015 SON HAS STARTED DEVELOPING COMPLEX / BUILDING OVER THE SAID PLOT AND HAS DEMOLISHED THE HOUSE. HE IS HAVING PUT FOR SELL REMAINING FLATS AFTER COMPLETION OF CONSTRUCTION.
5.THE PLOT WAS WAS NEVER TRANSFERRED IN SON'S NAME WHEN THE FATHER WAS ALIVE.
6.HE HAS NOT OBTAINED ANY NOC OF HER THREE SISTERS
7.KNOW THESE SISTERS WANT TO CLAIM THEIR SHARE IN THEIR FATHER'S PROPERTY
A. MY QUESTION IS KNOW WHAT THESE SISTERS CAN DO AS THEY APPROACHED THEIR BROTHER AND ASKED FOR THEIR SHARE IN PROPERTY WHICH WAS IGNORED BY THEIR BROTHER.
B. IS THEIR ANY LIMITATION TO FILE SUIT FOR PARTITION
C. WHO CAN THEY STOP THIS CONSTRUCTION WORK
KINDLY ADVICE
Dipak
04 December 2015 at 23:55
A petitioner executed power of attorney to appoint advocate and for divorce proceedings in family court. The POA holder of the petitioner was not authorised to address the court, though the permission to engage advocate for the petitioner was sought by the power of attorney holder of the petitioner (instead of the petitioner himself/herself) before summons notice to respondent side. However, the family court granted permission to engage advocate for the petitioner to the power of attorney holder of the petitioner without hearing to respondent, before the summons notice to the respondent and without recorded the reasons for granting such permission. Then the power of attorney holder appointed the advocate and the advocate has presented the contested divorce petition in family court. The family court has not made any effort for amicable settlement between parties and the petitioner has not been presenting himself/herself in the family court till date but his/her advocate and power of attorney holder have appeared in court.
Respondent has objection/grievance about the order of granted permission to engage advocate for petitioner because- 1. The family court has ignored the fault of the petitioner for seeking permission to engage advocate not by himself/herself but by the power of attorney of the petitioner. 2. The order was made without hearing to respondent. 3. The advocate cannot be permitted in family court in normal circumstances. 4. The family court has granted permission without recorded the reasons for granting such permission.
Que: What possible steps can be taken by the respondent if he/she want to revoke the permission granted by the family court to engage advocate for petitioner?
venkatramana babu.s
04 December 2015 at 23:18
Are the plaintiffs entitle led for a specific releaf, in the fallowing matter. Amount stipulated in the agreement not payed on time .agreement period extended by one year..there after also not payed on time ,extended by another year advance fullfilled this time,but no registrations take place..even after the second extensions ,time lapcess ..but defendants agree to register on there own 12 acres out of 20 taking monies ..advance remains in tact ,defendants refuse to register balance. Legal notice sent, regarding the readiness and willingness , thereafter they register 3acers .suit is filled for balance 5acers ,after suit filling they register 4acees ,amended plaint for 1 acre filled .are the plaintiffs entitle led for specific performance for the balance 1acer.?
S.D. Singh
04 December 2015 at 23:11
I paid amount to a builder for construction of flat. He even not started the construcion even after agreed period. On demand he even not returned the money. I filed FIR . Charge sheet filed u/s 409/420. Charge also framed u/s 409/420. Accused filed Revision application u/s 397 before session court that 409 is not applicable. The court during arguments stated that it seemes to be case of 406 ipc and not 409 .The court directed me to prove how the case falls u/s 409 within 3 day. What should I do. Pl advice. Can court can amend the section of charge.
puneet
04 December 2015 at 23:08
Meri marriage ko 5 saal ho gye hai.main 3 saal se alag reh rhi hu.i have filed case 125c and dv against him.i have 5 year child with me.mere bache ko abhi koi kharcha nai laga case laga hai 2 yrs ho gye hai.
Now my husband agree to pay the maintenance but in Lok adalat.So can you please tell me the advantages and disadvantages of Lok adalat?
MAHESH
04 December 2015 at 22:02
Sir .I won my rent suit I am the owner of the property. Order of court for possession and pay rent.
I just wanted to know in how many days the tenant can go for appeal in higher court and also on what ground can he .
As he his a defaulter of rent and also not obead the law for vacancy of the premise.
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