Q Slinger
13 February 2015 at 00:41
Dear Experts:
I filed a quash petition in AP HC for 498a, followed by a Passport release petition in the quash for A2. Filed a separate revision petition of A4 in HC after the trial court and session both rejected my brother's (A4) passport petition.
THe situation in AP HC is quite horrible. The matters in front of U. Durga Prasad (Judge) are not reaching even after mentions. He sets a date but the case never gets listed. I have been struggling to get passport petitions listed for about 1 year now and still no relief.
Unable to bear this delay, I suggested to my lawyer that he should, at 10:30 AM mentions, ask the judge that since the court is over burdened with so many cases, we will WITHDRAW all 3 petitions, if he can give a direction to trial court to dispose off the case in 1 months time.
My lawyers says, that is not possible as its not as per procedure and we cannot casually negotiate with the judge. My argument is that is that his argument should be based on concern for the aggrieved (accused) (1 accused in senior in age) rather than on procedure, which i feel might work. The judge also seems to be a bit on the lenient side.
So, should I force my lawyer to make the above statement of negotiation with the HC or not? If not, is there another way of tackling this issue without having to get further delays? If no negotiations are possible, what else can we file in HC to get the case expedited?
All expert help is appreciated!
Q Slinger
29 December 2014 at 18:19
Dear Experts: Require urgent information for HC hearing tomorrow!
Facts of case:
1. In IPC 498a, police seized passports of A4.
2. Return of passport application (filed in Feb 2013 and decision in Apr 2013) rejected in Trial court stating to refile an application after framing of charges.
3. Appealed the same in session court (Filed in Jun 2013 and decision in Aug 2013) and session court upheld trial court decision stating to refile application after framing of charges.
Now this is where I require your help:
4. Lawyer filed criminal revision for passport return in HC (filed in Dec 2014), but section made a mistake and filed it under Criminal Appeal
Now the HC judge sitting on Criminal appeals bench states that he has no authority to judge over the matter that is clearly Criminal Revision matter. (Criminal Revisions are being addressed by another judge). However after my lawyer pleaded, HC judge mentioned that he would look into the matter see if he has the authority or if there is a possibility for him to judge over the matter.
Now, this is where I need your expert help,
1. How can my lawyer convince the judge (using any sections, articles, judgements etc) to state that he can judge over this matter.
2. Is there an appeal period time limitation from the time the session court gave the judgement to the time we filed our petition in HC.
3. Because the return of passport application was filed after a period of one year, can it be considered as appeal rather revision because the appeal period is over?
4. Are there any other sections of the law, constitution that we can invoke to show that our application for return of passport can qualify as a criminal appeal and hence the judge can pass judgement on it.
5. If all else fails, can we request this judge to give orders to the trial court for a speedy trial? Is there a process we need to follow?
All help is appreciated and thank you much in advance.
Q Slinger
31 October 2014 at 10:22
Dear Experts: My uncle illegally transferred the land on to his name. The following explain in detail
- Land was under my grandfathers name and he died when my father was 2 years old. My father is the only son.
- My uncle (Grandfather's brother's son) (my father's cousin brother), filed false affidavits and gave false evidence that he is the only surviving son of my grandfather and got the land transferred to his name.
- We found out but filing case is too expensive for us so decide to approach Tahsildar in 2013. We also highlighted this scam to MRO, RDO, Sub-Collector, and Collector. Collector issued a directive asking Tahisldar to investigate the matter in Oct 2013 but he still has not done it. Every time we call him, he gives us an excuse.
- My uncle is in the process of selling the land
Questions:
1. Is there anything we can do to stop my uncle from selling the land? If yes, what is it?
2. Is there anything we can do to get the Tahsildar to expedite the investigation?
3. The Tahsildar is the one who transferred the land to my uncle's name. Now he seems to have colluded with them to prevent the investigation from happening which in turn is giving my uncle time to dispose off the land. Can I take any action against the Tahsildar? Can I file cases on him for corruption or dereliction of duty?
4. Who else can I approach to get this land issue solved? None of the officials are taking any interest in this matter although everyone is aware that the land was illegally transferred. Who is the higher authority I need to approach to get this matter resolved?
5. Can I take any action against my uncle?
6. What other alternatives do I have, other than approaching the courts?
Appreciate all the help.
Q Slinger
05 October 2014 at 22:34
Dear Experts:
I am A1 in a 498a case. A2 to A4 have quash pending in HC and also have "stay on all proceedings till further orders" as well.
I, A1, recently filed discharge CrPC 239 read with CrPC 188 in trial court. PP's argument was because there is a stay from HC, no petition can be entertained in trial court.
My question is:
1. Since there is no quash or stay on A1, would the PP's arguments be valid?
2. Are there any judgements that I can use in trial court to show that the petition from A1 should be honoured and case can proceed against A1 even if there is a stay for A2 to A4 in HC?
3. Any other arguments that I can use in trial court to ensure that Judge does not dismiss my discharge petition?
Regards
Q Slinger
20 September 2014 at 13:42
Hello All:
I filed for discharge Petition CrPC 239 read with CrPC 188 in the trial court. The reason I filed this is because as per the 498a FIR and the Chargesheet, all the alleged crimes happened in a foreign country and non happened in India
As per CrPC 188, Central Govt permission is required to inquire into by the police or tried by public prosecutor for any crimes committed by an Indian national in a foreign country.
- Can you tell me how the process is initiated?
- What is the process and how long does it take for it to be approved or denied?
- What are the grounds for approval or denial of permission?
- Who should the police/Public Prosecutor/Complainant approach for such permission?
- If Central Govt. gives permission to the public prosecutor to proceed with the case, can I appeal it?
Regards
Q Slinger
20 August 2014 at 14:35
Hello All:
I have 2 HC casesin Andhra Pradesh, 1. is a property case (Writ of Mandamus) with Naveen Rao and 2. 482 Quash petition with K.G Shankar.
My primary issue is that neither of these cases are coming for hearing.
1. With my writ of mandamus, the judge is wilfully removing "unimportant" cases from the cause list and will not even allowing for mentioning. Even the bench clerk is unable to do anything about it. Lawyer (a very close friend) says that, we should consider ourselves lucky because its at least on the list. But unfortunately, this has been going on for past 5 months and the cases is always between 100 to 120 on the causelist.
2. 482 Quash petition: The quash was filed on Oct 2013 and still no relief. The case shows up on causelist and then disappears again for no reason at all. We also "motivated" the bench clerk a few times and got it listed a few times but case disappears again.
Neither of the judges are willing to entertain mentions. Given the circumstances above, I am totally confused as to what to do.
Is there a sure shot way of getting cases listed and heard soon? Please suggest. Thanks in advance for your expert opinion.
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498a - attendance for framing of charges
Dear Experts:
My 498a trial is about to start shortly and I believe the first step is framing of charges.
My parents are very old and are unable to travel to court for the framing of charges part of it. Can my parents give a general power of attorney to my lawyer with a written statement stating "not guilty" etc instead of being present in the court?
Is there any way they can get an exemption from attending court? Is there any other alternative, such as framing of charges via a video conference?
Thank you all.