vinod bansal
18 July 2009 at 21:08
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..its urgent bcoz case is fixed for 20-7-09 for arguments on summoning point.Thanx
venkat reddy
18 July 2009 at 13:33
after receiving complaint police could seize passport of accused or police had to take permission from court to seize the passport.with out rgistering crime can police inform the immigration department to stop the accused from going abroad.
Ranganath
18 July 2009 at 13:23
Dear ld counsels,
Is it possile for magistrate to add new sections and drop existing sections in chargesheet while framing charges.
The chargesheet doesnot reveal dowry demand or threat to life to complainint. Is it possible for magistrate to expand the charges based on statments given by witnesses (close family members of complainant). what is the procedure to be followed by magistrate in this case. also a summon order is also issued which has only ipc section 420 and 417.
Even after taking cognizance can the magitrate alter charges and rope in new accused.
Please clarify
Thanks
vinod bansal
17 July 2009 at 23:22
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..Thanx
chiranjib mukherjee
17 July 2009 at 20:38
A CASE HAS BEEN REGISTERED U/SEC. 363/366 I.P.C. AND THE ACCUSED WERE ARRESTED AND PRODUCED BEFORE THE LD. C.J.M. AND THEREAFTER THE I.O. FILED A PETITION PRAYING FOR ADDING SEC. 376 I.P.C. AND DURING THE PENDENCY OF THAT PETITION THE ACCUSED COMPLETED THE STATUTORY PERIOD OF 60 DAYS. WHETHER THE ACCUSED IS ENTITLED TO GET BAIL?
pkm
17 July 2009 at 18:50
drawer of a cheque being a company liqidated as per order of high court. The payee company who has filled complaint under section 138 has also order by high court to wind-up.who will fight criminal case since official liquidator has been appointed.wheather official liquidator has a right to continue criminal proceeding. wheare as official liquidator duty is to take assests of the company & realise them & pay to the concern person / institution. i want were such type of situation will be available for reading or some case laws on them
Ranganath
17 July 2009 at 11:55
Ld Counsels,
Is there any pre-requisite condition that there should be atleast 2 witness statments should be obtained before filing chargesheet in a case of cognizable offense. Kindly clarify if there is any such prequisite to file a chargesheet.
Thanks
Ranganath
17 July 2009 at 11:45
Ld counsels,
What is the main difference between discharge and quash in a criminal proceedings. What is appreciatin of evidence and appreciation of materials gathered during investigations. Does this appreciation occur during the disposal of discharge if not in quash.
Some quash judgements say that "the materials gathered during investigation doesnot make out the alleged offense." So while quashing will there be appreciation of materials (if not prosecution/defense eidence).
Please clarify.
tusharcosmic
17 July 2009 at 02:15
How to file a case of recovery in Delhi after 6 years of bouncing a cheque ? Plz. read details to answer.?
I got a cheque of Rs, 275000/- in 2003 from a borrower friend of mine. This cheque bounced back with a bank memo that funds were insufficient. A legal notice was served to the accused. Mean while my house was white washed and I lost that cheque and bank memo. My father died during those days, I made a big business mistakes and I was financially under heavy pressure .I was under heavy mental depression also so I did nothing against that borrower of mine and no case was registered in court of law.
But now a days everything is settled and I have found out that cheque and that bank memo somewhere in my home.
I came to know that even a recovery suit of order 37 can not be filed after three years of issuing date of a cheque.
Is there a way out to present that cheque in the court to file a suit and recover that money?
Plz. Help thanks in advance.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
can a court held guilty to a proclaimed offender?
R/Members
I want to know whether a trial court is right when it held a proclaimed offender guilty (despite this fact that he was not present in the court during the trial) but even though he was held guilty alongwith his other co accused who were present in the court at the time of trial as well as at the time of pronouncement of judgment...in an another case,at the time of trial and argument all accused were present in the court but when the case was fixed for judgment one of the accused on apprehension of conviction remain absent from the court and court held him guilty in his absence alongwith his co accused.what is legal position on this law point .plz enlighten me. Thanx