Amit Joshi
01 September 2020 at 01:01
Hello Sir/Madam,
Myself Amit Joshi. I am accused in SC/ST atrocities case. Currently, I am on Anticipatory Bail. When FIR is filed on me, I had doubt that complainant's caste certificate is bogus. I had expressed my concern to investigating officer(I.O.) but at that time, I had no proof so I can't submit it to I.O. And they also not verify caste certificate from caste validity certificate. So, I decided to file RTI application for that. Now, I have enough proof and documentary evidence that person is of General caste and not SC/ST caste. Before such evidence come in my hand, Chargesheet was filled in court. I want to file discharge application to court.
Can I submit such evidence along with discharge application ?
Because Section 227 of CrPC says that:
"If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing"
Here, in section they used words as "record of the case" as my evidence is not in chargesheet report it is not "record of the case". I got it later when already chargesheet was filed. So, can discharge is possible in my case u/s 227 ??
Can anyone suggest any caselaws related to this, which says that accused can submit evidence in support of his 227 discharge application.
Anonymous
30 August 2020 at 00:34
I have received a purchase order from a company for an event assignment. I was paid 50% of the sum on the event date and the balance was to be paid within 15 days. Since than I have been following up for my balance payment and the company is not making the balance payment by making some excuse or the other every time. It is over 18 months now. Can I file an FIR against the company directors as they have been giving me false assurances all these months and have no intention in clearing my dues.
Anonymous
29 August 2020 at 14:02
Hello dear EXPERTS,
My Grandmother had some acres of land in her name, She died 2 years ago and the Agricultural Land is still in my Grandmother's name.
The agricultural Land is ancestral in nature.
My Grandmother's land are adjacent to my (Grandmother's brother) Land.
A few days back we came to know that The ( Brothers of my grandmother) had taken the Loan on their Land as well as the on the Land of my grandmother too.
MY QUESTION IS- MY GRANDMOTHER IS DEAD AND THE LAND IS IN MY GRANDMOTHER'S NAME, HOW CAN THEY TAKE THE LOAN ON MY GRANDMOTHER'S LAND.
1. ISN'T IT ILLEGAL?
2. WHAT TO DO NOW?
.............................................................................................................................................................................
I HAVE ONE MORE QUESTION.
MY FATHER IS SAYING THAT HE WILL GET THE LAND TRANSFERRED IN HIS NAME AND THEN LATER GIFT IT TO (GRANDMOTHER'S BROTHER.)
AND WE ARE AGAINST THIS STEP.
3. IS IT POSSIBLE FOR MY FATHER TO TRANSFER THE LAND TO MY (GRANDMOTHER'S BROTHERS)
WITHOUT OUR PERMISSION??
* SINCE THE LAND IS ANCESTRAL
4. HOW TO STOP HIM??
vinay Singh
29 August 2020 at 09:38
Sir i have got selected in railway alp post.but a case is pending against me in court under 498a and domestic violence.actually the is against my brother.
The railway officials told me they will not give appointment until the case is pending.
So whay are the ways to get the the appointment.
amledu maya shukla
28 August 2020 at 16:15
What is the parameter for preparing top ten criminals list by police station in uttar pradesh, and what to do when implicated in this list
guddu
28 August 2020 at 14:19
vakalatnama will necassary for complainant to make compromise or not ?
only affidavit is necessary to make compromise in theft case ?
Anonymous
25 August 2020 at 07:59
A case was registered against me under section 143,147,149,336,337,353,427 in 2008 (I was 17 year 9 months old) & now case disposed with remark Uncontested- Acquitted.
(My name is Atish, but Fir registered as a Satish.)
Now I have been selected in bank. Is my case record affect in police verification?
(While applying I didn't mentioned about it.)
Anonymous
19 August 2020 at 21:06
1. I am representing an Accused who has been booked on rape charge.
2. The Prosecutrix and the Accused are major.
3. They had a love affair.
4. The Prosecutrix lodged an FIR against the Accused on the instigation of her family.
5. There are no loopholes and ambiguities in the FIR.
BUT
I have incontrovertible evidence that washes away the complete cooked-up story of the Prosecutrix. The evidence is in the form of voice recordings(talks between the Accused and the Prosecutrix on the day of occurence of alleged crime)
My question is:
How should I convince the court to grant bail? As the court won't appreciate the evidence at this stage.
Shruti Shruti
18 August 2020 at 12:45
Background:
I did file a complaint on 2016 and FIR was filed as per direction in 156(3) under 420, 406, 506(2). Later the FIR was quashed on HC for A2, A3. And dismissed for A1. The highcourt was ordered without hearing the defacto complainant.
And magistrate closed the FIR in 2018 based on this quash order.
I applied for recal of quash order and judgement allowed for recall.
And I applied for revision petition in 2020 challenging the closure of FIR. And revision allowed directing the magistrate to reopen and run the case.
Query:
My FIR closure report was given by a SHO who is retired now. The closure report says "since no documents provided closing this" like this.
But in my revision challenge, the order has mentioned as "all the relevant documents are attached and yet SHO and Magistrate has not allowed the case" like this.
Because of this improper and biased work of the SHO, my case was reopened after 4 years now. 4 years of loss and delay for me.
I want to apply for compensation on the SHO (retired now) using Writ Petition.
Kindly suggest me if this WP will work out or suggest otherwise.
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Death of petitioner (victim's family) during appeal
HI experts
My mother was murdered in 2009 and accused was acquitted by sessions courts. Thereafter my uncle filed an appeal under section 372 CRPC in Lucknow high court as he had lodged the FIR at first place.
Last year he died however accused is still alive. Hence I just wanted to know:
1) whether the case will be get closed automatically with the death of petitioner's in victim family or it will stay unaffected
2) Can I be admitted in place of my uncle's name at this stage as victim was my mother