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Sarika (Mangalore)     24 March 2018

Can judge call for custody of an accused in another case in some other part of the state and under trial

Can a court which is dealing with the same criminal who is currently under trial and on bail in another court of the same state ask for the custody of the criminal, with the presiding court, so that, proceeding in the case could be initiated.


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 13 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 March 2018

Sir, 

 

Seek bail in that other case as well if the offence is bailable, rather you can use the present bail order to seek bail in another case. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandna.legal/

Sudhir Kumar, Advocate (Advocate)     25 March 2018

what are facts of the case?              

Sarika (Mangalore)     27 March 2018

Sudhir Sir, 

There is an accused from Maharashtra, who has 2 cases one in Court A of Karnataka and another in another court Court B of Karnataka. ( A and B are 2 different districts of Karnataka)

The accused was on bail in the Court A-Karnataka case and since one year taking EP's through his advocate, but in the Court B-Karnataka case, where there is an Arrest Warrant, the accused has never appeard and is hiding for more than a year.

Since the accused is the same in the 2 different crimes reported against him the 2 different courts of Karnataka, and currently has Non Bailable Arrest Warrants from both the courts.

Can the judge of Court B (where he has never ever appeard ) ask Court A (Where he is gaing EP through his advocate) to hold this person immediately in custody and facilitate his presence to Court B.

Could you please draw some light on this.

 

 

Sudhir Kumar, Advocate (Advocate)     27 March 2018

How are you connected to the mater.

Sarika (Mangalore)     27 March 2018

I am a relative of the complainants.

The same accused has masterminded the opening of NGO with the aim to cheat people in the name of Cancer Patient Children under the Maharashtra Charity Commission.

We had brough the matter to light to the Commissioner of Charity and are waiting for his response on the investigation report that the Commission is working on.

Sir, such people need to see the prison soon before more innocent and vulnerable be his next victims.

If you know anything that could help please provide your support.

I know your sharing of knowledge will not give any financial gain, but it will avoide other families being cheated and what is collected in the name of Cancer Patient Children or even others could be given back to the rightful and that I call a blessing for life.

Sudhir Kumar, Advocate (Advocate)     27 March 2018

you have still not stated what problem you are facing.

Sarika (Mangalore)     27 March 2018

The accused has cheated my family with a big amount in lakhs claiming to be funder for their business.

Even after all legal documents were done for the same and whole transaction done lawfully cheating was done. We later came to know that this person was on Bail for his Fake Gold Selling case in Karnataka, with this you can guess of his level of cheating.

If we had done little more finding before even signing the legal agreement done through a legitimate advocate, things would not have gone to this extent.

 

KISHAN DUTT KALASKAR (Advocate)     30 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Sudhir Kumar, Advocate (Advocate)     01 April 2018

you are chosing to hide facts as much as possible.

please explain what do you mean by

"funder for their business"

 

have you lent any money to friend and relatives.

Sarika (Mangalore)     01 April 2018

There is nothing to hide Sudhir Sir,

In reference to the line "funder for their business", my relatives were looking for private investors/funders who could work with their association.
 
Thats were the proposal for investment was put out, and the cheaters claimed themselves to be private funders/investors can forward with the willingness to invest, backed with proper legal paper work for the same.
 
As much as I know, transactions which runs in lakhs cannot be a black transaction and especially when the transfers are done through the bank itself.
 
No, I did not invest anything from my side, they did the arrangement of funds themselves.
 
Sir, it looks more like my connection to the case is sought after by you, whereas my main intension is to take opinion from knowledgeable people, to help someone come out of their legal problem.
 
If you could provide your guidance based on your experience and knowlegde my relatives family and also many other people could be saved from the cheaters.

Sudhir Kumar, Advocate (Advocate)     01 April 2018

you asked for

 

"guidance based on your experience and knowlegde"

 

OK read as under

 

Sudhir Kumar, Advocate (Advocate)     01 April 2018

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

Such loan is taken by a person:-

 

  1. Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. Who has made fortification against action of refund.

 

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

 

Such loans are given by the persons :-

 

  1. Who has surplus money.
  2. Who displays and boasts of such surplus money.
  3. Who stupidly believe that there will be a refund.
  4. Fails to realise as to why he alone (not bank) is being contacted for loan.
  5. Who has extreme trust on the debtor
  6. who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.
  4. During cordial relations

 

Soon after giving such loan :-

 

  1. Relations are no more remain cordial
  2. Business started by such money  (easy money belonging to other) invariably fails.
  3. Such loans always sink and not refunded.
  4. Person seeking such refund suffers at legal process.
  5. Person seeking such refund legally or by persualtion is socially criticised.

 

 

Sarika (Mangalore)     02 April 2018

Sir, your reply on this matter as my expectation shows an in depth exposure of yours on this matter. Though I have not got a reply on my question on a judges right to communicate to the judge of another court, but still conversation with you will help me a lot forsure.

Sir, if you are ok can we continue this conversation.

Sir, Bank loans are reliable and secure but come with a itch of credit limit granted. Small/Medium enterprenurs, find it difficult to raise loans on genuine business propositions as credit limit binds the business activities.

This drives a business to go ahead with association with financially capable people as partners or lenders. 

To enter into any agreement the capability of both the parties to contract/ agreement are to be clarified to each other before. If the person doing a agreement to fund at the time of getting into an agreement does not have the fund he promises to grant, the agreement becomes by default void, and the party who is responsible for such situation inturn becomes a criminal for cheating which is a punishable offence under Sec420 of CRPC.

When that be the case the agreived party is legally authorised to claim appropriate action against the accused.

Currently with the CCTNS and other systems working, this person attempting similar crimes again could be checked for his actions, and possibly any other business or family be spared for losing their valuables.

So coming back to my original question" Do you have idea about the Judges authority of ask for custody from another Judge of the accused"

 


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