Criminal Law queries [86]

All Resolved Open

Ashutosh Shukla 03 January 2021 at 00:32

Crpc 107/16

In 2012, a person had threatened me and I had called the police. Despite taking punitive action against such person, police released him. After some time, I had received a notice under section 107/16 for keeping peace. I had gone to executive magistrate office and bailed myself. I had stop going to the court of executive magistrate after two dates.

I want to know that this fact will create problem in police verification or I need to mention it in my attestation form?

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kunhi marakkar 26 December 2020 at 08:11

Bail

Is land tax receipt mandatory to release an accused on bail who is in jail?If not,what is alternative way to give guarantee?7

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Anonymous 25 December 2020 at 16:56

Expiry of arrest warrant

Sir
I had to respond a cheque bounce case with 420 ipc criminal case against me. .party filed this case in 2003.i couldn't present in court due to abroad job. so it became non bailable case and there were warrant upon me. but in my absence,case deffered as LP.
Now 17 years gone .what will happen to that warrant. is this still exist? Should them re issue warrant?Can I get stay order to it?If case proceed,i can prove,the complaint is false .but i want avoid arrest. so what will happen to said warrant after 17 years?

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Ashish Bansal 23 December 2020 at 07:02

Property dealer harassing us

Respected Legal Experts,

I had a small property which i sold through a property dealer X, the deal went ok, for which property dealer X took his commission.

My intention was to purchase a bigger property. So I asked the same property dealer to find more properties for purchasing.
He showed few properties to me, but none of us suited me on various reasons.

Later, I enlisted through another property dealer Y & able to strike deal for a property, for which agreement to sale was signed with commissions to this Y property dealer.

But, now the previous property dealer X have started harassing us , by saying he has made efforts for showing you various properties & you must include him in this new deal. We refused his contention that you are not involved in this deal.

Then, we showed us various phone recording which he was secretly recording with us for all our conversations without our knowledge. Even when he used to take us around to show some properties, he would be secretly recording our conversation in his phone.

In one such recording, he showed he made offer to show same property (now under agreement) to my father once , who he is senior citizen & retired , but my father declined at that time as not interested in the area without even agreeing to see the property.
All real dealings were done by me & he never mentioned that property to me ever & neither showed nor struck a deal for the same.

Now, This property dealer X has been harassing & threatening us. he comes to our & fight us . Later, he telephoned my father to put pressures on him by tricking him to admit that he refered the property. Then he got another person Z (who is another property dealer in his partner) to talk to my mother with soft intimidations & pressure demands, which are pure illegal & extortion demands

So, i sent this X a WhatsApp message that he must stop harassing us & especially if he telephoned or contacted my aged parents , i will lodge a police complaint against him. I thought matter is over & did not lodged an actual complaint.

Now, this X & Z have sent us a legal notice for demand , where he repeats his baseless demand & this time he says that he showed us the property & same were referred in recordings, asking 2% demand for entire sale claim, with 1% for him & 1% for his partner Z.

What action, can i take against him ?
1. is his act of phone recordings against our knowledge comes under breach of privacy & under what sections of criminal acts ?
2. Can i lodge a police complaint now , when i merely sent him warning earlier but desisted filing one in actual. And now he has sent us a legal notice
3. Does Legal notice needs a reply or it can be best ignored as well.
4. what if he proceeds to file a civil or complaint case against us, just merely to harass us for not meeting us illegal demands.

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jugalkishor 22 December 2020 at 23:40

Drugs and cosmetics act 1940 and rules there under

Today drugs inspector seized the spurious ayurvedic drugs, can he registered a FIR

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Anonymous 22 December 2020 at 22:55

Filing of supplementary chargesheet

Sir
my Query is when an investigating agency has filed a chargesheet against a main accused and sums up their final police report that a separate chargesheet will be submitted after obtaining sanction from the appropriate authority, with the charges different (conspiracy to help the accused from getting lesser punishment) from the main charges and stating the charges to be framed. what is the procedure to be followed by the investigating agency.

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abhimanyu 16 December 2020 at 22:55

Date

Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."

Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:

a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court

May also provide the case law on the issue, in case there is any.

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