cpc

09 March 2020 at 14:50

Pc act 1988

Dear Sir,
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
thanking you.


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30 August 2019 at 16:32

How to omit ipc 170 on Govt officer

Recently police filed an ipc 170 ,406,419 and 120/B. Later on they realized that the officers are real. Now, they are not approaching the officers nor omitting the ipc�s . What would happen further in the case?


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26 August 2019 at 15:09

False 307 under crpc.

Respected Madam/Sir,
In my office premises one of the fellow employee sexually harassed one women employee during December 2018, she had filed the complaint at Personnel Office. As i am the personnel officer, I have received the complaint and forwarded to higher authorities. Whereas, he was asked me that not to forward the complaint to higher authorities. Since then the fellow employee developed grudge on me and always scolded me and my parents. On 18.02.2019 he provoked me and used filthy language. In the process I went towards him to ask him to stop abusing, he enraged and caught my neck, immediately i pushed him a side, unexpectedly he fell down on the window edge. His head got injured 3 stitches done by doctor. Now he filed private complaint through an advocate, stating that murder attempt made by me. The entire episode was recorded in the companies CC TV. Now police issued notice under 41A. Kindly suggest, how to come out from the situation.

Jagadeesh


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02 August 2019 at 14:39

Negotiable instruments act

Dear Experts,
While I was about to register sale deed of a property I had purchased that the seller had not cleared the maintenance charges amounting to about Rs. 3Lacs. Hence I issued a separate cheque for 3 Lacs with the oral understanding that the seller will clear the maintenance charges and then present the cheque to his bank. He, however, did not clear the said charges despite telephonic requests. Finally under pressure from RWA & maintenance agency I cleared those & issued stop payment instructions . Thereafter the seller presented the cheque to his bank which was returned unpaid. He sent me a legal notice to which I replied on whatsApp. He has now filed a case in the court. The date is 27 Aug 19, How will the case be progressed? How should I proceed?
Regards


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I have wrote to legal authorities many times but they are not registering the complaint or FIR or taking any action.

1. Crime Branch Delhi Police (May 2014, April 2016) and the case was forwarded to Lodhi colony Police station. I spoke with ASI Renu Yadav And
2. Human right (April 2014, , case no 1955/30/8/2014) and my case was forwarded to Kotla Police Station, South Ex and I spoke with ASI Sunil Yadav but my complaint was not taken seriously. Wrote to them one more time few days back again.
3. Cyber Crime in 2016 but did not got any reply.
4. Human Right (June 2019, case no 2993/30/8/2019) but case was closed with any contact with me, Reason: vague, anonymous or pseudonymous;”
5. PMO @ Centralized Public Grievance(June 2019, case no PMOPG/E/2019/0348102) but no reply.
6. Crime Branch Delhi Police (June 2019) but no reply.

Please let me know the way how can force them to register an FIR and investigate the matter.


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Anonymous
07 July 2019 at 15:07

Section 138 &142

I gave cheque to a person because I have to gave money. But after some days he asked me for money by taking some time I returned the money. But he didn't returned the cheque. I asked many times to return the cheque. But he didn't returned. After some days he presented the cheque in the bank. I stopped the cheque through online banking. But now he gave me legal notice under sections 138&142. Now what I have to do. Please give me clarification as early as possible


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Hello, myself Amit Joshi. I have given written criminal complaint to police station about a crime that was happen under section 420, 468, 34 of IPC along with supporting documents as evidence. Complaint clearly shows that cognizable offence has happened. But Police did not file FIR about the same and they told me that your case is civil case and as you are already filed civil suit about said property then you can't file criminal complaint simultaneously to police station. And they have given same to me in writing along with their stamp and signature and said orally to go court under section 156(3) and get order from court then they will file FIR AND investigate.
Therefore in July, I filed complaint u/s 156(3) to court but in August 18, court has taken cognisance in sec. 200 of crpc(private case) rather than to treat it as 156(3) and order police to file FIR.
Therefore, I approached session Court (higher authority) for revision. And such revision petition is currently pending before that court as on April 2019 because notice is not served to opposite parties till.
Meanwhile, one of the party against whom I filed criminal complaint to police station has filed false FIR against our family under SC ST (prevention of atrocities) act, in that false FIR we got anticipatory bail from court but immediately after 2 days of giving anticipatory bail by court that person again filed false FIR against us. Then we again approached court, and again court has granted anticipatory bail to use. But while grating bail to us court has required us to attend police station daily for one month. I father is 70 years old and I am currently pursuing CA final exam it is like mental and physical harrasment to us. We are plaintiff and we are required to attend police station daily.
During this period, I have searched internet about false FIR and what to do if police not file FIR and then I come to know about state police complaint authority and state human rights commission and their rights about non filing FIR. I live in state of MaharashtraI and want to ask you following
1) Can I now complaint to "State Police Complaint Authority" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
2) Can I now complaint to "State Human Rights Commission" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
Thanks in advance.


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i have a case under 138 ( rs. 1,25,000 ) payment was made earlier but party made case on blank checks and i want to apply for new passport currently i am living in different city where case is registered and my all ID's from new city should i mention that case in my passport application .


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09 March 2019 at 15:20

Complaint against a lawyer

A year ago, My lawyer had taken forty thousand fees from me for my case. I have paid him the said fees through online by net banking.He told me that he has filed my case in high court . when i asked him about my hearing date then he told me that in court your case is lying pending. your case is not a urgent case so it will take some time.i have audio proof of this conversation. Now I myself from my sources,I found that he is lying and my case has also not been filed by my advocate. Now my case has been time bared. He has cheated my Rs.40000 .My case also ended without filing it due to time bared . This only happened by this cheater advocate. I want to make a police complaint as well as bar counsil complaint. Kindly suggest me for the action. This is an attorney who is defaming your business.So do not think that we will not advise against a lawyer.I have great hope from you so please help to punish these type of lawyer.


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