Raj Kumar Makkad's Expert Profile

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Hursha says : Arrest
Dear Mr. Makkad, Can an Investigating Officer make an arrest in grevious offence and send the accused to Judicial Remand if the Original F.I.R is not submitted in the court ? Can he do that on the basis of a attested true copy ? The name of the accused does not appear in the F.I.R.

Shashwat Shukla says : Habeas Corpus
A first information report has been lodged under Section 364 IPC against 6 persons and IO submitted Charge Sheet against 4 accused persons mentioning therein that the offence is made out against 4 accused persons and against 2 persons the investigation is still going on. After submission of the Charge Sheet against 4 persons, the magistrate has taken cognizance under Section 364 IPC but the kidnapped boy is still not recovered either dead or alive and now the matter has commit to court of Sessions. I have filed a Habeas Corpus Writ for production of corpus. Now, I have some quarries:- QUERY 1- Whether Habeas Corpus Writ can be field at this stage as mentioned above (Maintainability as well as Scope of HC Writ)? If your answer is YeS kindly give me an appropriate Ruling of Supreme Court with this regard. QUERY 2- Whether a Writ of Mandamus can be filed for a direction to the police authorities to make proper investigation or further or re-investigation in this case including production of the corpus before the court? or challenging the investigation conducted by the IO? QUERY 3- Should I challenge the Charge Sheet along with the cognizance taken by the magistrate by means of Section 482 of Cr. P. P. before the High Court? Or ANY other remedy which you like to suggest. Kindly, give me the reply as soon as possible supported with current Rulings of Supreme Court with all QUERIES. Thanks a Lot.

shrikant chede says : what to do
w.p.decided by hon'ble high court orer to comply ordedr within eight weeks .date of orer is 22 july 2010 accordingly eight weeks period complete on 22 sep 2010 .we proceed to Hon;ble supreme court to challange the order my question is 1)can apposite party file contempt proceeding after eight weeks or after 3 months from date of order(limitation period)pls reply urgently Thanks and regard

richa says : Needed advice regarding SMA
I am a Hindu married to a muslim guy fr 2 yrs..we got married acc to muslim rituals bt now we want 2 register it wth SMA so tht no conversion or name change is requird..can we register it as fresh marriage?pls help..

Shashwat Shukla says : Domestic Violence
After taking Divorce six months has been passed then a lady filed a case of domestic violence against her ex husband? is it maintainable? Kindly give current ruling in this point. thanx

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