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advocate satya   03 December 2008 at 14:35

sec156(3) and further procedure

hi
one case is regd in F.I.R. IN COMPLAIN U/S 156(3), THE POLICE IS not submiting investigation report since four years and in every date the case is adjourn, can i be guided what summission to be made in the court to fasten the process, the accused are not yet arrested, is there any citation or any relevant section is there to give direction to the police to file report in the next date? the court is just giving the date mechanically and the I.O report is pending since four years, any remedy pls

kirankumar   03 December 2008 at 11:10

If any one filed the Case based on dowry prohibition ACT under section 3

If any one filed the Case based on dowry prohibition ACT under section 3

and if it was Admitted
If any one have the related information
Please send me As soon as possible

k.kirankumar80@gmail.com

Ladhu Ram Chowdhary   03 December 2008 at 08:38

bail u/s. 167(2) & 309(2) Cr.p,c., 1973

Code of Criminal Procedure, 1973, ss. 167(2), 309(2)- Interpretation of - Appellant proceeded against for commission of offences under ss 409, 420, 120B of IPC or 302 of IPC - Hedl power of a court (Magistrate)to direct remand of an accused either in terms of s. 167(2) or s.309(2) thereof will depend on the stages of the trial - S, 167(2) would be attracted in a case where cognizance has not been taken, s.309(2) would be attracted only after cognizance has been taken.
Where challan has been sumitted but magistrat not take cognizance yet now. And investigation not pendeing u/s. 173(8)against that accuse but accused above u/s. arrasted and judicial remand by magistrate u/s. 167(2). Accused intitled to be release on bail or not. Please tell me Supreme Court latest citation

Apurva Kumar   02 December 2008 at 19:57

Consent,376 I.P.C nd Lastly Compromise

Dear,Friends(a query)
Petitioner has given pretxt to marry the victim in future and continued living with her as husband and wife in the meantime she got conceived,victim is the widow of petitioner and having 2 child.After pregnency petitioner refuses to marry thereafter victim lady filed a case u/s 376 I.P.C,petitioner is in jail custody and aplied for bail in the meantime applied for the compromised petition which was accepted with the consent of victim lady.Lower court observed all the above fact and asked for the marriage arrangenent to the jail authority if possible.Now the bail application is being filed in the High Court what ground should i take to dissolve the whole proceding and in the meantime for the release of petitioner on bail? any case law or suggestion on this issue. Please enlighten me on this case law.
Regard
Apurva,Advo.
P.H.C

Chetan   02 December 2008 at 16:46

Framing of Charges

What is the role of Accuseds Counsel at the stae of Framing of Charges.

If any citation pls provide

taning you

bhagwant   02 December 2008 at 12:21

377 IPC by juvenile

Offence committed by juvenile u/s.377 IPC, what will its legal status,
In which court its triable,
What punishment will be there,
ommit

Apurva Kumar   01 December 2008 at 20:17

Non complience of sec-313 cr.pc and its effect

Dear Friends,
One of my hearing related to sec-304B has recently opend.In which we are from the side of the accused,while going thru the L.C.R i came thru a very strange ommission of the law point at trial i.e,sec-313 cr.pc Power to examine the accused whch was not done by the presiding officer of the case though there was question in the deposition paper but same was not answer either in affermative or negative it was left blank. And my client has been imprisoned to life along with ors by trial crt.I take this point today in the court which was appriciated but state told that it cant vitiate the whole trial and i want some citation with brief fact and some case law in my favour to prove my self. please help me and enlighten on the above mentioned fact.Please support me if anyone can?
Regard
Apurva kr
Lawyer P.H.C

Ch. Sujatha   30 November 2008 at 21:09

Maintenance

Resected Seniors,

Mr. 'A' married Ms. 'B', 3 years back and at present they are living separately since they are having some disputes from two years.

In the above case wife is having job and sufficient means to maintain herself. But the husband is no job and no means to maintain himself.

In the above circumstances Mr. 'A' husband, can claim maintaenance from Ms.'B' wife under section 125 of Cr.P.C.

If it is possible please send some citations infavour of Mr. 'A' husbabd.

Ch. Sujatha   30 November 2008 at 20:57

Maintenance

Respected Seniors,
Mr. 'A' Married Ms. 'B'. Later on Mr. 'A' deserted Ms. 'B' as there is no issues between Mr. 'A' and Ms.'B', and again Mr. 'A' Married Ms. 'C'without obtaining divorse from Ms. 'B'.

Mr. 'A' and Ms. 'C' together consumated marrital life for a petiod of 10 years which resulted there are 2 issues for Mr. 'A'. and Ms. 'C'.

Later on Mr.'A' neglected Ms.'C'. as she is no means to maintain herself and Mr. 'A' having sufficient means. The children with Ms. 'C'.

My querry is whether Mr. 'C' and 2 children entitle to get maintainance from Mr. 'A' under section 125 Cr.P.C.

If it is possible please send some citations on this aspect.

Thanking You in advance.

Ladhu Ram Chowdhary   29 November 2008 at 21:17

sec.91and 397 cr.p.c.

under sec.91 order by magistrate is interlocutory or not!