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Mr Sreejit   07 January 2018 at 13:30

Fir not intimated to complainant, frt done silently

1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.

2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.

3. The bail terms states that he cannot threat or cause any sort of trouble to her.

4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.

5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).

6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.

7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.


8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.

8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.

9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.

10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.

QUERY:

1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for

1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?

PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Administration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.

Mr Sreejit   07 January 2018 at 13:28

Fir not intimated to complainant, frt done silently

1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.

2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.

3. The bail terms states that he cannot threat or cause any sort of trouble to her.

4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.

5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).

6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.

7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.


8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.

8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.

9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.

10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.

QUERY:

1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for

1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?

PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.

Anonymous   07 January 2018 at 06:56

Summon process in criminal case

In a criminal case, what process court has to follow to issue summon to the defendant? Court has issued summons and no authority made attempts to reach to defendant. Defendant didn't even know about the case.Then,court issued a NBW. What are the rights of defendant in such situation? What documents defendant can ask the court/appropriate authorial to show proof of attempts to deliver the summons? what is the process to issue summon if defendant is in another jurisdiction than jurisdiction court is in. Thank you

Hari   05 January 2018 at 23:16

My girlfriend is blackmailing me

Hi sir I am being blackmailed by a girl, who says I have used her physical, I have had no intercours or s*x wit her, she says I have touched her body parts and I have used her, when her parents searched a alliance to her she asked me what to tell , I said go a head and tell about me ( as she was pressing me to tel ok to inform her mom, as she was telling my parents have never fourced me like this I can�t leave without out u I will die without u ) and after that I told her as To go a head and tell ok to the guy , that�s is when all started , she hit her head and for nearly 5 days she always called me and told I will do comment Sucide, I cannot be with out u , I was scared and tried to talk her way , though she will understand, day by day she started to blackmail me , and later she one day said ur happiness is mine u go leave happy with ur family, the next day she said no I cannot leaves wit out u , after 1 day she got angry as she said I love and I replied again u started, she blocked my number and called her friend and said I will end my life, I ran in fear but to see her normal and I spoke to her and pleaded her plz I have a family and sister, don�t spoil it, she said ok u leave ur way , next day she said I cannot leave u , I am not able to set my mind, it continued for 4-5 days , one fine day I had to go to temple in Andhra, I asked her plz don�t creat any issue I am going to temple, she was over the phone and talking slow , and I disconnected the call, no mess for 2 day , when I came back she mess me , u don�t even care I am dead or alive, and her friend calls and told he took tablets and was trying to commit Sucide,all because off u , now u are responsible, As we are not able to handle her she is going to her home town , I was shocked and scared , I ran to her place and waited till 8 , she called and said I will not trouble u any more I am going home at at airport , I really felt bad and had a doubt she was lieing, and I just passed by her home , to see she walking with vegetables in her hand waking to her home, she started telling, I reached home , mom is asking about u , what happened is he going to marry u or not, and she is crying because off u , And I know u will not marry me , I will handle the situation don�t worry u be happy, , and she said I am , now she suddenly calls and says I don�t want to listen anything, talk to ur parents am coming back on 11th and I will finalise that�s it , u have used me physically and u think I will leave u, plz help me what to do now I am no we�re 1.i had no inter course wit her 2. In words I told I will marry, but my family will not agree I cannot come away from my family 3. I slept next to her after a party 4. She many times asked me shall we go out for som days and I will book a room want to spend some time with u alone , which I avoided Plz tell me what to do now plz help me I will die in pain

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   01 January 2018 at 07:35

Notice U/S 160

I have longed my complaint in honourable court before a year ago, and the court has transferred the case u/s 156(3) to the concerned police station for investigation.
Before a month ago, I had received phone from concerned investigating officer (Head Constable) for to record my statement. ( Earlier they had called me for recording my statement and they do not record any statements but they talks about the case and after a hour they ask me to go. This was happened with me for 3 times.) As I received phone from their side, I asked him to summons me and then after only I will appear before you. I have not received any summons from their side. But they reported to SP that they had summonsed me u/s 160 of Cr.P.C. and the fact is that they are wrong.
Based on report submitted to SP, I Filed an application under the RTI Act to provide me information of Summons issued on me, and having my signature on it. But they had sent me their Office Copy having outward number, date etc. but they can't provide me Summons issued on me with my signature on it, as it is fact that they had not issued Summons on me. They have wrote me that Summons was sent by post.

Now my question is that (1) can they send or execute Summons u/s 160 of Cr.P.C. by ordinary post ? (2) does their matter stands a valid matter in the court ? (3) Can I make out any case against Police Officer ?

Please guide me in response to my above questions. and I will be highly thankful to all of you.

Prabhu Desai
Bhavnagar
Gujarat.

Anonymous   19 December 2017 at 14:29

Creating forged and fabricated documents

Dear sir,
our opponent created forged patta in respect of our land and produced as evidence in District Munsif court case, which was filed by them for suit for declaration based on the said forged documents and got the judgment in his favors. And we preferred appeal in sub court and the said appeal was dismissed. Further we preferred second appeal in High court of Madras. While second appeal was pending, our opponent was died and the legal heirs were brought on record. And the second appeal was allowed by setting aside the lower court judgments. Then our opponents preferred SLP in supreme court based on the concurrent judgments of lower courts( DMC and Sub Court), which are given based on the forged and fabricated documents and the same is pending till now.

Meantime, I gave a criminal complaint to police department against our opponents for creating forged documents, using a forged documents as genuine and giving false evidence in civil court. And case was registered by police against our opponents and final report was submitted in Judicial magistrate court and the case was taken on file in JM Court and further proceedings initiated.

Then our opponents preferred Criminal OP in High court of Madras, and prays that

1) As the subject matter of suit property of this criminal case is pending before the supreme court in SLP Civil case, stay the entire proceedings of the criminal case
2) And states that even if any mistake has been committed by their father, the criminal liability cannot be shifted to the legal heirs and quash the proceedings of criminal case.

My query is,
1. can proceed the criminal case, even the subject matter of the suit property is pending with supreme court in SLP Civil case.
2. Father created some forged documents and used as evidence in civil cases in courts and got judgments in his favors.The High court of madras dismissed the lower courts judgments in second appeal filed by us( Aggrieved party). Since the father was deceased, while the pendency in second appeal, the legal heirs are preferred SLP in supreme court, based on the same forged evidence, which was created by their father. In this juncture, whether the criminal offence will shift to the legal heirs under section 196,197 and 198 of IPC



S. S. Rathi   16 December 2017 at 12:19

Criminal appeal

res sir

i want to know how ill challenge the impugned order passed by Hon'able High Court DIVISION BENCH. Whether i ll file revision application / review application / Appeal before High court OR file appeal / SLP at Supreme Court .

And what is time limit to challenge the order passed by Division bench in criminal writ petition in which i was respondent party in person.

thanks

Mustafa Bhat   15 December 2017 at 12:49

Enhancement in maintenance

I have enhancement petitions for my baby going in court of CJM through mother who her self is a gazetted officer drawing more salary then me ..I requested to court for increase from 2000 to 4000 but the lady is demanding 10000 to 15000 and didn't agreed on my submission . They are now producing witness in court, one of witness has mentioned exorbitant school fee & bus fee for his baby (witness baby)... For which my counsel protested by saying witness is lying b4 court & has asked for production of school fee & bus fee documents, on which the lawyer from opposite party raised hue & cry & said the witness is not required to submit the documents of fee of his child .Judge has kept it for argument on next date.Is there any Judgement/ citation /law which makes it mandatory for the witness to produce the documents of fee of child...Need an advise plz.

Tripathi   14 December 2017 at 04:59

Can the statement given under section 161 be withdrawn ?

Dear Sirs,

My husband was falsely implicated in a criminal case under section 354 (c) & 354 (d) by our neighbor since my husband filed a civil suit and won the case. He further incited the other neighbor who was also affected by the removal of illegal constructions to give a written statement to the police making some allegations (not corroborating the charges mentioned in the FIR) under Section 161 of CPC. Misguided, the statement was made. The statement is part of the charge sheet. Now, he realizes his mistake and wants to withdraw his statement given under Section 161 CPC.

Kindly advise: :

1. Can anyone withdraw the statement given under Section 161 after the filing of the Charge sheet?
2. If so, what is the procedure?
3. My neighbor says that he can write a letter to the local police station about the withdrawal of his statement with copy to me sent by Speed Post. If we show the speed post letter to the court, will that be accepted?

with namaskar,

Mrs.Tripathy


KAILASH SAHOO   13 December 2017 at 21:36

Regarding police complaint

Dear experts kindly guide me about police complaint of an alleged wife who stayed less than 15days in my residence, after that complained that I drove out from my residence with demanding money.
After that police told to give the keys of my residence but that was not in my name, so I denied to give the keys of that residence.after some hours the IIC came and threatened to me and forcefully told to take that girl which I am not drove out nor demanded any money.how can I take her ?
After hours of threatening to me at last they told give the undertaking in writing that if in this case to cooperate police and also phone number.i did so .and the IIC told will call the family members and also to enquireneighbourrs.thats all.but till now more than 4months have passed no enquiry no investigation no phone calls.Now my question is WHAT IS THAT CASE STATUS/CASE REGISTERED/CASE DIARY.. that alleged wife have taken a receive copy of her fake allegation and messaged me to provide/Helpful this copy in DIVORCE CASE
Now I want to give divorce case and wirhher station DIARY copy can she prove herself in court that she also registered the case.MY question is if she had given complaint to police more than 4months why police have not sent that to police court. Kindly guide me Experts.