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Mr Sreejit   07 January 2018 at 13:28

Fir not intimated to complainant, frt done silently

1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.

2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.

3. The bail terms states that he cannot threat or cause any sort of trouble to her.

4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.

5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).

6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.

7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.


8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.

8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.

9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.

10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.

QUERY:

1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for

1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?

PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.

Anonymous   07 January 2018 at 06:56

Summon process in criminal case

In a criminal case, what process court has to follow to issue summon to the defendant? Court has issued summons and no authority made attempts to reach to defendant. Defendant didn't even know about the case.Then,court issued a NBW. What are the rights of defendant in such situation? What documents defendant can ask the court/appropriate authorial to show proof of attempts to deliver the summons? what is the process to issue summon if defendant is in another jurisdiction than jurisdiction court is in. Thank you

anu radhalll   07 January 2018 at 06:23

Court decree

In 1990 my grandfather got court decree for 1 acre land. 2)1991 my grandfather implemented and mutation and got land passbooks&title deed.
3)Later my grandfather land give to my father . Later my father given to me.am cultivating that land .
4)In court 1990 My grandfather is plaintiff. Other person is defendant.Defendant person agree that suite.then court given consent decree.
5)But In vakalth & court decree defendant father name written wrongly example --defendant father is shivaiah but in court decree ramaiah is written.
6) so now I went to court house and asked for certificate copies ,in that defendant written statement missed somewhere.In that file there is no defendant written statement missed somewhere.� Both plaintiff and defendant is died right now.. Defendant sons are there persent.
My question is
### Defendant sons can appeal for Court consent decree right now##
Note: defendant father name written wrongly and now in court house defendant written statement missed somewhere in court record file

JASWANT VIJAY AGNIHOTRI   07 January 2018 at 02:14

2nd transfer app 24 cpc in hc when first cta rejected allwd?

Respected sir
Wife again file 2nd transfer application to transfer divorce case pending in barmer to family court Jodhpur. Rajasthan High Court has raised that this 2nd appl is not maintanable u/s 11 CPC as "Resjudicata".
Wife's first appl was rejected in 2015 and now she again filed in 2018.
Next hearing is on 09/01/18.
Kindly suggest any ruiling on this issue to reject the transfer and speedy trial direction please.

Sm   06 January 2018 at 16:32

Needed advice

I am not married and pregnant of 11weeks. I tried to contact my boyfriend after pregnancy. When he come to know that i am pregnant he changed his mobile number and blocked me. When i tried to talk to his parents they threatened me and told me they will put a case against me. What will i do?? Plz suggest..

Hari   05 January 2018 at 23:16

My girlfriend is blackmailing me

Hi sir I am being blackmailed by a girl, who says I have used her physical, I have had no intercours or s*x wit her, she says I have touched her body parts and I have used her, when her parents searched a alliance to her she asked me what to tell , I said go a head and tell about me ( as she was pressing me to tel ok to inform her mom, as she was telling my parents have never fourced me like this I can�t leave without out u I will die without u ) and after that I told her as To go a head and tell ok to the guy , that�s is when all started , she hit her head and for nearly 5 days she always called me and told I will do comment Sucide, I cannot be with out u , I was scared and tried to talk her way , though she will understand, day by day she started to blackmail me , and later she one day said ur happiness is mine u go leave happy with ur family, the next day she said no I cannot leaves wit out u , after 1 day she got angry as she said I love and I replied again u started, she blocked my number and called her friend and said I will end my life, I ran in fear but to see her normal and I spoke to her and pleaded her plz I have a family and sister, don�t spoil it, she said ok u leave ur way , next day she said I cannot leave u , I am not able to set my mind, it continued for 4-5 days , one fine day I had to go to temple in Andhra, I asked her plz don�t creat any issue I am going to temple, she was over the phone and talking slow , and I disconnected the call, no mess for 2 day , when I came back she mess me , u don�t even care I am dead or alive, and her friend calls and told he took tablets and was trying to commit Sucide,all because off u , now u are responsible, As we are not able to handle her she is going to her home town , I was shocked and scared , I ran to her place and waited till 8 , she called and said I will not trouble u any more I am going home at at airport , I really felt bad and had a doubt she was lieing, and I just passed by her home , to see she walking with vegetables in her hand waking to her home, she started telling, I reached home , mom is asking about u , what happened is he going to marry u or not, and she is crying because off u , And I know u will not marry me , I will handle the situation don�t worry u be happy, , and she said I am , now she suddenly calls and says I don�t want to listen anything, talk to ur parents am coming back on 11th and I will finalise that�s it , u have used me physically and u think I will leave u, plz help me what to do now I am no we�re 1.i had no inter course wit her 2. In words I told I will marry, but my family will not agree I cannot come away from my family 3. I slept next to her after a party 4. She many times asked me shall we go out for som days and I will book a room want to spend some time with u alone , which I avoided Plz tell me what to do now plz help me I will die in pain

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   05 January 2018 at 14:45

Education loan from IOB

I was sanctioned 2,16,000 as loan for my B.E. degree in 2012. However my mother and father passed away in 2013. When i went to bank to close the loan of 54000 which was received for first year as my parents passed away the manger said he cannot close unit full loan amt was taken or till completion of the 4 year. Then an education loan officer said that iob has debited a lum sum for life insurance coverage of my parents and me immediately after my loan was sanctioned without our knowledge. So i spoke with manager and gave all the necessary documents to claim the life coverage policy during 2014 and till final year i took 1,56,000 now it has come to around 225000 with interest but still the manager is saying the insurance is processing the payment and when asked how much will they pay and how much i need to pay to close the loan. he is saying that insurance amount would only cover the interest and he refuses how much the insurance amt is for and he refuses to give any correct info.Now i am receiving message that the loan is going to be transferred to NPA. Bank person contacted me and when i informed about the loan and asked about the insurance he said as the iob only taken the insurance policy we will process the payment towards interest from insurance payment date and first i need to pay the 225000 as montly due and other yearly interest will be processed from insurance amt. Need assistance on what i can do

s.t,g.v.sriram   05 January 2018 at 08:15

Defective efiling matter refiled through by registeredpost

I have been filed a w.p.(c).in 2016 petiotioner-in-person through by e filing. And the the registry of Hon'ble Supremecourt given to cure the defects with in 90 days.But, I was not able to cure the defects with in the given time.The defective matter which was listed to the hon'ble supreme court Justice bench and an order was passed to comply with the office report within 4 weeks or otherwise the w.p will be dissmissed.Again I have been send the matter on by curing the defects through by urgent courrier to the Ho'ble Registrar,s.c.And my mail was disabled to refile the matter though by e filing.And I am waiting for modified w.p. matter will be updated in the Supremecourt registry .Kindly,let me know,whether the matter to be listed again to the Hon'ble justice bench and how long to be taken for the process.

sagar jadhav   03 January 2018 at 13:14

What to do of noc

dear expert,read all points plz rather than fast answer

1) my flat is sold its everything clear,I got money ,property tax is also clear
2) its not society but 9 flat appartment in Pune
3) I have told many times to people who take maintence of 600 rs monthy to give recipts or take maintence by cheque so kept 6 mnth maintence pending
4) I am ready topay all dues plus penalty as total 5000 rs bit chairman not giving any documented evidence


how to help the person to buyed flat from me in this situation and tackle chairman

LAWYER ASSOCIATES   02 January 2018 at 18:16

Income tax

I was pleading a case in assessment proceedings, I have taken adjournment and filed part replies, But the officer did not write order sheet and got it signed from me. Meanwhile officer done provisional attachments of assets of assessee. Assessee worried with provisional attachments, approach the officers, Than officers recommend the name of a particular Counsel. Than assessee hired that Counsel. Assessments completed.
Now i was reading the assessment orders, the officer does not mentioned even my name or proceedings taken place during my tenure. He started the Assessment order with the words that so and so counsel (next to me) appear for the assessee.
Now the cases are before CIT (Appeals). Can we challenge the assessment orders on the basis of default, incompleteness may be with evil mind of the officer that he has evaded my presence and my pleading in the case.
I think this is a serious voluntary mistake of the officer and assessment orders are void ab initio as the foundation of the assessment and assessment order is missing.