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R P BANSAL (Consultant)     01 May 2010

Abuse of Section 482 of CrPC

Section 482 of CrPC is mainly as a watch dog i.e. High Court has to watch that the lower, trial Courts not abusing the Crimianal Laws or IPC, but if High Court itself Abuse the law and stay (at very Ist date even without issue notice to the Respondent) the trial court from investigations only at the very initial stage say issue of process under section 204 of CrPC.

The HC has stayed the investigation proceedings at the Trial Court and without any hearing on the matter has admitted the Criminal Application filed Under Section 482 CrPC by the Accused (Ver Influential both powerwise and Money wise), Admitted the case and send to Cold Storage may come say after 5-6 years,

Is their any remedy, I am the Complainant in original Criminal Case under Section 405, 415, 418, 420 and 34 of IPC, summons issued for investigation under section 204 of CrPC, HC stayed under 482 of CrPC and send the matter to ColdStorage for years togerther money, musscel and infuntial powers.   



 16 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     01 May 2010

GO APPEAL IN SC

N.K.Assumi (Advocate)     01 May 2010

Very Unfortunate.

DR.SANAT KUMAR DASH (Eye Specialist)     16 May 2010

APPEAL     TO  BE  FILE  IN  THE   APEX   COURT  OF  INDIA

ravi shankar sharma (advocate)     02 June 2010

Apex court's doors are always open in the present circumstances if u strongly believe that hon'ble high court had erred in law by staying the trial court proceedings.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 June 2010

The person against whom orders are issued is always unhappy. There must be reason why HC stayed the proceddings.

You have opportunity even before same HC to appear and present your case leaglly and with facts.

Courts do not work on what you feel , but on records and evidence. Suppose even your side is right as say but if you have not made proper pleadings in the complaint it is bound to be stayed and dismissed.

So instead of complaining and getting sypathy of other non legal persons on this site, prepare youor case on the basis if law and provisions. If you have sustance in your case any court will hear you.

Arup (UNEMPLOYED)     02 June 2010

MR BANSAL

QUOTE   I am the Complainant in original Criminal Case under Section 405, 415, 418, 420 and 34 of IPC, summons issued for investigation    UNQUOTE

AS I UNDERSTOOD FROM YOUR CASE, YOUR COMPLAINT CASE, STAYED BY HC, U/S 482 CRPC. NOW YOUR CASE IS PENDING AT TRIAL COURT AND AS WELL AS HC . YOU WANT TO KNOW WHAT IS THE REASON? YOU ALSO AFFRAID OF money, musscel and infuntial powers.  

iS IT?

IF SO, FIND WHEATHER YOU HAVE NOTICED BY HC AFTER THE STAY?

IF YES, HAD YOU APPEAR BY LAWYER OR BY SELF AT HC EVER TO ATTEND THE SEC 482 CASE?

PLEASE ANSWER THE ABOVE THEREAFTER WILL GUIDE YOU FOR NEXT STAGE.

AFTER ANSWERING HERE PLEASE GIVE ME A PRIVATE MESSAGE.

I AM NOT A LAWYER. BUT I THINK I GOT YOUR PROBLEM PROPERLY. IT IS A FREE ADVICE WEB SITE.

I PERSONALY  BENIFITTED BY AVAILING FREE ADVICES FROM HERE. IF ANY ONE GIVE FREE ADVICES PLEASE AVAIL IT. 

BUT IF ANYBODY DEMAND MONEY AS A REMUNARATION,- THINK TWICE BEFORE YOU DONE.

BECAUSE WE DONOT KNOW ANYMEMBER IN PERSON AND WE DO NOT HAVE ANY CONTROL OVER OTHER MEMBERS. SO FAR FREE ADVICE GIVEN BY ANYBODY, PLEASE GET IT, CHECKED IT, INVITE  OTHER MEMBERS FOR COMMENTS ON IT.

OTHERWISE  ‘NO’.

R P BANSAL (Consultant)     02 June 2010

Many Thanks Mr. Arup,

I am delighted that some body has rightly understood my problem,

In a brif I say, The case is issue of investigation process under section 405, 415, 418, 420 with 34A of IPC, initialy Learned JMFC issued order to police under section 156(3) of CrPC, Accused are 8 and big shots Mr. Anil Ambani, Satish Seth (Chairman of Reliance Energy now Infrastructure) and other 6 top of Reliance Communications, (I myself was earlier Dy. Dir. General, Department of Telecommunications, Central Government).

Obviously Police submitted all frivilous and GoleMole report and submitted that case is of Civil Dispute nature not a criminal nature, I am presenting my case in person, I convinced the trial judge, he studied my complaint and police FR and issued process (summons to appear in Court to all 8 including Anil Ambani)

Satish seth and Anil Ambani filed Application at HC Bombay under S 482 of CrPC and got the process at lower court stayed even before issue of any notice. I came to know only at the date of appeariance 8th October 2009 at lower court, I approached HC, but it was told that Notice could not be served to me as Applicants (Anil Satish etc) has not provided spare copy, on the next date I was present in HC. Justice took serious view and ordered to issue notice to me, it was 23 Nov. 2009,

I got notice in Dec 2009 and on 22nd Feb. I was present in the court to arge, but Justice did not give me any chance to speak and orderd 'Rule' mean sent the case to Cold Storage, all these Orders and other details are available on High Court Bombay web. One just has to open https://bombayhighcourt.nic.in/index.html,

click Case Staus, one can further search by Case No. or Respondent\Petiner, my case No. are APPLN\4193\2009 and APPLN\3997\2009, I have also made an Application No. APPP\106\2010 which is listed on June 7 after summer vacation,

I have seen that Trial Court has issued summons to Anil Ambani for investigation and High Court stoped the lower court to find truth and send matter to Cold Storage


Attached File : 32 32 hc case.zip downloaded: 347 times

Arup (UNEMPLOYED)     03 June 2010

As the trial court proceedings are stayed by high court u/s 482; therefore either you have to vacate the stay in the same court or go to the higher court like DB u/a 226 at the HC or SC.

It is quite natural, that when HC passed the order of stay, trial court process to be stopped until the stay vacated.

I went to the site and found your case details but could not found the notice, served to you and the last order of HC.

Sending a little about sec 482 crpc.

-----------------------------------------------------------

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

(i)   To give effect to any order under this Code;

(ii)  To prevent abuse of the process of any Court;

(iii) To secure the ends of justice;

According to Ram Narain, AIR 1960 All 296;

(a)   The injustices which comes to light, should be of a grave, and not a trivial character;

(b)   It should be palpable and clear and not doubtful;

(c)   There exists no other provision of law, by which the party aggrieved could have sought relief.

------------------------------------------------------------

Now you trace from the notice and last order of HC, in the light of the above law what should be your points.

If feel any difficulties please give me a message in my profile. Ok. Thank you.

R P BANSAL (Consultant)     01 May 2012

Friends,

Justice Sri Chandiwal, HC Bombay quashed the lower court proceedings vide order dated October 20, 2011, copy is attached,

I filed a SLP(Criminal ) No. 1890-1892 of 2012 in Supreme Court, on the ist hearing date on 16 April 2012, without much hearing, SC dismissed the said SLP, order say only 'Dismissd"

Can you guide me for review petition which has to be filed in 30 days.

Regards,

R.P.Bansal


Attached File : 968202223 hc ord appln419309 201011.pdf, 968202223 slp - delhi.pdf, 968202223 dates and events slp delhi.pdf downloaded: 625 times

R Trivedi (advocate.dma@gmail.com)     19 May 2012

 

Mr. R P Bansal

You feel cheated, but please note that feeling cheated may not be the legal definition of cheating under S.420 etc..

I have gone through HC order and appeal you filed before honorable Supreme Court. Both the courts are fully justified in dismissing the matter, albeit for different reasons.

Please note that I am not supporting Anil Ambani, but to see the clear picture please analyze following situation empathetically…

1.       Almost all the senior officers, spoil the ACR of their subordinates, you may also have done it while in government service, and subsequently these subordinates would have been denied promotions / increments / they would have felt cheated / frustration…. Have you heard of any criminal case filed by these ??

 

2.       You got national and international recognition out of government expenses and training, Anil Ambani plucked you out of government and then chucked you out of his company at will. You resigned (terminated the government) and he terminated you from service. So obviously if we consider the government as a person, then you cheated government, did government file any criminal case against you ?

 

3.       What is the value of your expertise to  Anil Ambani, a phone call and few Lacs rupees ? Your expertise was available to higher bidder, so you were saleable ? Anil Ambani  possibly used you, once you became redundant, he got you thrown out ? what is so criminal in that ???

(I know a professor of IIT  around 40 years age, you know what salary professors get, one MNC offered 40 times more than what he was getting, he said GET LOST to those MNC guys), you had no guts to say that to Anil Ambani & Company, you said Get Lost to Govt of India ?  what was the need to talk so loudly about this in your statement ??

 

Although judges will not be influenced by this, but no one likes IAS/IPS/IRS/ITS guys going to these private companies.  Even Anil Ambani would have seen you as a man who can be poached by his competitors, you surely would have behaved too eager to join him.

This would show a true picture to you, if you wish to see,  Still I  feel you are aggrieved and the remedy is…..

1.       1. Check for the limitation and file the civil suit for recovery of your dues, salary etc.. You will succeed.

2.      2.   Send a complaint to Income Tax department (torture them with RTI if they do not act), that there is some bungling on TDS. They have the cause to file criminal case against your friends, not you.

3.      3.  Ditto with PF department.

Move on with life, Get Law degree or start your own venture, Anil  Ambani is no worse then a senior government officer screwing the ACR of his subordinates.

R P BANSAL (Consultant)     21 May 2012

Thanks Mr. R. Trivedi,

Kindly note that I have taken voluntary retirement with full retirement benefits under Rule 48A of FR\SR, Any Government officer can take Voluntary Retirement from Government Service after 20 years of service and will treated on same line as Retiring on superannuation, i.e. 60 years of age in central Govt. Thus your assumption that I have cheated Goverment is not valid.

KIndly recall "For powerfull nothing is wrong", Mr. Anil Ambani is a powerfull man, enjoying money power earned by his father, and a powerfull can damage any thing, I do not know, our courts are also run by these powerfull man only, definitely person like me just like fishing, came into fish net laid by powerfull fisher man Anil Ambani, thrown out, but can not get justice because justice is also a web or not less than a fish net in our country,

Regards

RPBansal

Partho Bhattacharya (Director)     28 September 2012

Sir,


The MM Court in Delhi had allowed deletion of one of the Accused from the list after summoning, please inform whether

the MM have power to do the same on request of the complainant. If, not shall i challange the same order or apply in High Court for quashing of the complaint all together....

 

Regards

Partho Bhattacharya

R Trivedi (advocate.dma@gmail.com)     29 September 2012

1. MM has the power to delete the name (s) of accused if appealed by complainant.

2. MM has the power even to set aside the complaint if withdrawn by the complainant.

3. What the MM cannot simply do is to dismiss the complaint on accused grounds, for that S.482/HC.

advocatelawfirm (Founder Partner)     05 October 2012

what happens if stay is vacated due to non prosecution (non payment of process fee ) and restoration is also declined after paying the PF and issue of notice under Cr MC u/s 482...shoule we go for restoration of vacated stay u/s 226 in DB or any other remedy for restoration of stay or new application for stay to be filed??? kindly guide


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