R.SHAH
01 July 2011 at 12:25
DEAR ALL,
DURING I.O'S EXAMINATION THE COMPLAINANT/ACCUSED CAN EXHIBIT THEIR COMPLAINTS/APPLICATION LETTER GIVEN TO POLICE STATION IN DIFFERENT TIME TO DIFFERENT OFFICER ACKNOWLEDGE. BY SHOWING THOSE DOCUMENTS HAVING IN CASE PAPERS WHICH WERE SEND THRU CHARGESHEETS BY POLICE.
IS THE I.O'S IS THE PERSON WHO CAN INDENTIFIED AS MANY AS OTHER OFFICER AS RECIEVER OF POLICE STATION A COMPLAINTS/LETTERS WHILE REFERRING TO HIM. TO BROUGHT ON RECORD AS EXHIBITED DOCUMENTS.
KINDLY EXPLAINED
R.SHAH
29 June 2011 at 09:08
yesterday was my date for final argument court u/s498a,406,325,506 & 34 after 313 statment of accused.
but on last date complainant appeared and filed application for calling meical officer and investigating officer to examine, whereas all the prosecution witness has been summons but non appear nor complainant parents appeared for deposition after all procedure court take steps of 313 stmnt. and final argument. whereas it was allowed and next date was kept for m.o./i.o examination,
query.
it's possible of after 313 stmt witness of prosecution be examined allowd ?
how far the medical officer and investigating officer deposition help to complainant wherein, only her & her mother deposition recorded. her mother deposition is contracdictions.
kindly advised me.
R.SHAH
27 June 2011 at 11:53
HI ALL
AS I WANT TO CONTINUED MY EARLIER POST OF U/S156(3) BUT I COULDN'T LOCATE IT NOW.
I WANT TO KNOW THAT ON LAST DATE OF ONE OF MY PRIVATE COMPLAINT WHICH WAS SEND TO INVESTIGATION U/S 156(3) OF IPC 209,210 OF CASE WHICH WAS DISPOSED OFF WITH FINAL JUDGMENT AND FRAUD PLAYED BY OPOSITE PARTY COME TO KNOW LATER ON HENCE I FILE THIS CASE BEFORE MAGISTRATE.
THEREBY, I.O'S SEND REPORT IN NEGATIVE AND I FILED WRITTEN ARGUMENTS FOR ISSUED PROCESS AS DOCUMENTARY EVIDENCE OF COURT COPIES ARE CLEARLY SHOWS OFFENCE OF IPC 209,210 ARE COMITTED BY ACCUSED, BUT IO UNDER ACCUSED INFLUENCE FILED NEGATIVE REPORT.
MATTER IS KEPT FOR ORDER ON TODAYS DATE.
KINDLY LET ME KNOW ABOUT PROCEDURE, MAGISTRATE WOULD ORDER FOR ISSUING PROCESS AGAINST ACCUSED AND THEREAFTER COMPLAINANT WITNESS ON OATH BE TAKEN AND CROSS EXAM.. ETC...
OR IT'S JUDGE WILL ORDER FOR EXAMINE OF COMPLAINANT AND THEN AFTER CONVINCE ISSUED PROCESS TO ACCUSED.
I WAS CONFUSED THAT WHAT STEPS JUDGE WOULD TAKE FOR ORDER MEANS, OR SHE WILL REJECTD BY APPLICATION.
PLS. HELP ME WHAT IS THE EXACT PROCEDURE OF IISUING PROCESS TO ACCUSED.
YOUR TIMELY GUIDIANCE AND AWARENESS OF LAW GIVEN TO US WOULD BE HIGHLY APPRECIATED.
R.SHAH
24 June 2011 at 09:39
dear all, in my 498a case, complainant wife has deposed, and her mother but her mother deposiiton is start to end is full contracdictions has it was not in the FIR/chargesheet she deposed all new version other than what she mentioned in her statement to police, we took her statement as your complaint is as per your say to police , she said yes then we asked her "it's true that i have not inform police about this. why ? she says donot know" etc.... and her father who gives only half chief and his chief was not completetd neither he gave cross exam. and judge dropped him after giving plenty of chance to complete. now, her father evidence will be considered or not ? her mother whose statement out of chargesheet would be completely rejected due to contracdiction version by judge and not take has a evidence. complainant evidence only be considered to and can be convincing ones as no ones deposed including IO's etcc.. KINDLY ADVISE ME WHTHER THERE STATEMENTS ARE ADMISSIBL EAS PER LAW, AND ONLY COMPLAINT STATEMENT CAN BE SUPPORTIVE TO HER AS THERE WAS TOTAL 17 WITNESSES BUT NONE WAS APPEAR DESPITE OF VARIOUS SUMMONS AND WARRANT.
R.SHAH
21 June 2011 at 10:30
hello,
can a hospital bills, jewelleries bills, bank statements can be submits at time of final oral arguments by accused persons to support his defence in 498a case.
also it's permitted to submits those orginal copies of bills after u/s313 crpc statement of accused at time of final arguments to prooves false allegation made by complainant.
kindly clearify and advise if any.
R.SHAH
20 June 2011 at 09:31
hi all,
i have filed complaint before ,magistrate and seek investigation u/s156(3) and court order report u/s 156(3), police under accused influence file negative report in my two cases 1. u/s 209,210 ipc and 2. u/s 380,406 ipc etc..
i filed written arguments on police negative report and seeking issued of process and police incompetency in investigating matter. in one case us/ 209,210 ipc they have consider wrong date of offence and enquiry on it. while i have prayers clearly mentioned date of offence.
after written arguments three dates passed and judge said i ll order on last date judge is asking me to lead evidence, otherwise you will suffer. as ivestigation asked us 156(3) to get more evidence witnessing of peoples as todays peoples are affraid of coming to court to give witness even though we reuested for true matter.
i don't get this exactly as i have filed all certifiec court documentary evidence n others alongwith my complaint n in arguments i prays to considerd that ones.
my queries:
1. in this case if judge satisfied then he will order to police to register FIR ?
2. why judge asking me to lead evidence ?
3. it is as per law that i have to lead evidence, if then that on what section judge is taking my matter.
4. it will becomes private case of crpc 200?
5. i have strong case with proofs but due to police negative report i m suffered, if i will not lead evidence then it will trouble me ?
6. or i should wait for order, after going thru order i can go for appeal and there i can asked for opportunity of leading evidence.
7. or if aggrevied with judge order i would appeal to higher court for direction to police register FIR and trail be issued.
8. next date is kept for order and on last date i have told to court i don't want to lead any evidence.
8. can it be possible to file application before couples of days of judgment that i want to lead evidence.
it would be helpful that you expert guide me with more details how to take my matter positively,
thanks
R.SHAH
13 June 2011 at 15:25
what's R&R ?
in my perjury application in civil suit of other party, the otherside file written statement and judge has put o_____R&R then date and signed by judge.
in W.S otherside admitted commission of perjury and pray for forgiveness.
last date after new judge join he heard me and my application of perjury and there say. and said i'll decide first perjury on next date and then proceed in matter for further.
kindly clear me what's R&R written by preious judge after other side file say and copy given to me.
regards
R.SHAH
15 April 2011 at 12:00
CAN I ASK THE JUDGE BY WAY OF FILING APPLICATION BY TAKING MATTER ON BOARD BEFORE GIVEN NEXT DATE, TO DISPOSED OFF THE SUIT / DELIVER FINAL JUDGMENT, AS IT WAS KEPT FOR JUDGEMENT.
I COME TO KNOW THAT JUDGE IS GOING TO TRANSFER TO SOME OTHER COURT ROOM IN SAME COURT PREMISES, WHERE I CHECK THE ANNUAL LIST OF JUDGES TRANSFER FROM ONE CITY TO ANOTHER CITY COURT OF STATE/DISTRICT.
I M WORRIED THAT MATTER IS FOR ORDER SINCE NOV.2010 AND NOW HEARD JUDGE IS GOING TO TRANSFER WITHIN SAME COURT PREMISES. IF ANOTHER JUDGE COMES HE WILL TAKE EXCUSE OF RESUME NOW AND NEED TIME TO GO THRU. IT WILL TAKE ANOTHER 6 MONTHS TO DISPOSED OFF.
AS ON LAST DATE OF THIS SUIT JUDGE HAS GIVEN TWO MONTHS LONG DATE I.E. AFTER SUMMER VACATION KNWOING THAT HE WILL GO AWAY FROM THIS COURT AND SOME OTHER WILL TAKE CHARGE. JUST TO ESCAPE OF DELIVERING JUDGEMENT WITHOUT ANY RESONABL CAUSE HE KEEPS ON GIVING DATES AND NOW AFTER SUMMER VACATION.
KINDLY ADVISE, SHOULD I FILE APPLICATION ON TAKING ON BAOED MATTER FOR QUICK JUDGEMENT BEFORE TRANSFER.
AND ANY OTHER REMEDY I HAVE TO EXPEDITE FOR QUICK FINAL JUDGEMNT.
R.SHAH
15 April 2011 at 11:59
CAN I ASK THE JUDGE BY WAY OF FILING APPLICATION BY TAKING MATTER ON BOARD BEFORE GIVEN NEXT DATE, TO DISPOSED OFF THE SUIT / DELIVER FINAL JUDGMENT, AS IT WAS KEPT FOR JUDGEMENT.
I COME TO KNOW THAT JUDGE IS GOING TO TRANSFER TO SOME OTHER COURT ROOM IN SAME COURT PREMISES, WHERE I CHECK THE ANNUAL LIST OF JUDGES TRANSFER FROM ONE CITY TO ANOTHER CITY COURT OF STATE/DISTRICT.
I M WORRIED THAT MATTER IS FOR ORDER SINCE NOV.2010 AND NOW HEARD JUDGE IS GOING TO TRANSFER WITHIN SAME COURT PREMISES. IF ANOTHER JUDGE COMES HE WILL TAKE EXCUSE OF RESUME NOW AND NEED TIME TO GO THRU. IT WILL TAKE ANOTHER 6 MONTHS TO DISPOSED OFF.
AS ON LAST DATE OF THIS SUIT JUDGE HAS GIVEN TWO MONTHS LONG DATE I.E. AFTER SUMMER VACATION KNWOING THAT HE WILL GO AWAY FROM THIS COURT AND SOME OTHER WILL TAKE CHARGE. JUST TO ESCAPE OF DELIVERING JUDGEMENT WITHOUT ANY RESONABL CAUSE HE KEEPS ON GIVING DATES AND NOW AFTER SUMMER VACATION.
KINDLY ADVISE, SHOULD I FILE APPLICATION ON TAKING ON BAOED MATTER FOR QUICK JUDGEMENT BEFORE TRANSFER.
AND ANY OTHER REMEDY I HAVE TO EXPEDITE FOR QUICK FINAL JUDGEMNT.
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Recovery of maintenance amount passed u/s125 crpc
Dear Experts,
My ex-wife file maintenace case in year 2008 for her and child, i contested the appln. on stand that she was divorce as per muslim law in year 2005 hence not entiled to any maintenance u/s 125crpc is got remedy under muslim women act-1986. But she denied of valid Talak and not accepted by her. the lower court declared my Talak as invalid and allowed her appln. and granted maintenance to both.
I went to revision in session court during pendency of revision appeal she got remmarried to another man and suppress this facts, during final argument she file SC judgment maintenace to divorce muslim wife till she remarry. Session court taking this judgement as landmark decision and session court dismissed my revision appeal as she has not yet remarried etc...
thereafter she recover maintenance amount which was stayed during revision appeal by session court more than 50% amount was paid to her in installment and for child it was totall paid and month wise paying in Family Court under Execution petition of her, same session court and lower court judgement was produce in execution proceeding for recovery of arrears, in which distress warrant was also issued upon me for not paying at one time all arrears.
thereafter i learn that she was already remmarried in year 2010 but suppress before court, and i file cancellation of maint. amount petition before same family court where execution proceeding of her is pending and appln. for cancellation of warrant too on stand that she was remarried / adultry and played fraud before court and snacted my father name from child school and second husband name was given there whereas she was taking maintenance from me. However, she accepted my Talak pronounced in year 2005 to her and on that basis she got remarried. Now Family court stopped maintenane till further order on my application of cancellation of warrant in execution proceeding etc..
kindly advise,
1. I want to file recover of maint. amount she take from me after divorce u/s125crpc, whereas at that time no remedy to divorce muslim wife to file maint. appln. u/s125crpc. she got maint. award in year July 2009 since from April 2008 date of appln. Supreme court landmark decision comes in year Dec.2009 publishd in Febrauray 2010 in shabana bano vs. Imran khan earlier to this all divorce muslim women maint. appln. are under muslim women act-1986.
can i file for recovery of amount as she was played fraud and obtain maint. after divorce in year 2005.
2. daughter maintenance as well as she snatched my name as father name from daughter in schooling and corrupted her mind. on this ground to i can recover maint. paid in respect to daughter. (if it's so then let me know from begining or when she was admitted in school with her second husband name).
kindly advised is it possible under law to recover those maint. amount from ex-wife with respect to her and daughter on above ground. How do court react and proceeds as per law. in cancellation of maint. petition file by me is prayed to cancelled the main order of lower court and in execution prayed to cancelled the warrant and dismissed the proceeding. so my separate appln. of recovery is possible in eyes of law or should i wait for cancellation petition decide / final judgment comes.
pls. reply me soon.
regards & Thanks