506 ipc please contribute
Arvind Singh Chauhan
(Querist) 08 January 2012
This query is : Resolved
Sir according Cr.P.C Sec 506 IPC was bailable and noncognizable. meantime U.P. Govt through one notification made it nonbailable and cognizable.
After some time Justice Katju through judgment of Allahabad HC declared, this notification void,and 506 got the same position as earlier in U.P (bailable and noncognizable)
Now Police submits the charge sheet Under Sec 323,504,506.
Accused says at the first date of his appearance that investigation is illegal as police can't investigate without order of court as the sections are noncognizable.
I am on behalf of reporter/state. What should I argue on this point?
Whether accused without seeking bail can raise this issue on the first date of appearance.What may be the result of case.
Devajyoti Barman
(Expert) 08 January 2012
Please give the decision o Katju.
If the decision has retrospective effect then the case fails else it would be very much maintainable.
Dear Arvind do start contributing to solve queries others as well like you would do earlier.
It does not look good if you appear here only when you need help in your own case like some advocates do that regularly.
You being an old member and younger than me, I chose to say so.
Hope you did not mind.
M/s. Y-not legal services
(Expert) 08 January 2012
dear arvind, can you attach the file of justice katju's opinion:?
if you can please do it..
-tom-
Raj Kumar Makkad
(Expert) 08 January 2012
barman has paid much heed in resolving the actual question of the author to which I endorse in vies of common views.
Arvind Singh Chauhan
(Querist) 08 January 2012
Respected seniors I am very lucky to have such seniors, Who guide me regularly but astonished that they think I will mind their words. Sir I never mind. So please carry on guiding me.
I must explain here that due to bad service of bsnl I have disconnected broadband connection and using bluetooth of mobile for this. I help my father in routine work and attend three camp court in a month at border of Tibbat.
I don't think that I can help others in every problem I usually try my best up to my knowledge and experience. Generally when I open this site I find respected seniors left no chance to add more on queries. So please forgive me.
Sir I am attaching the Honble Justice Katju's judgment for your further opinion. Please consider.
Shonee Kapoor
(Expert) 08 January 2012
The SC has stated that the said section is bailable and non-cognizable in UP even.
So the accused can raise this query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 09 January 2012
Shri Shonee Kapoor rightly suggested to raise query .
Mr. Barman Saab, excuse Arvind, he must be shivering in ice cold Tibbat now, so can's reply other's query.
M V Gupta
(Expert) 10 January 2012
Dear Mr. Surender, how do you get this doubt after reading the judgement uploaded by Mr.Arvind. The section is that of IPC.
V R SHROFF
(Expert) 10 January 2012
Cr.P.C 506
ha ha ha
I still could not find out this great section 506 cr p c
