Tripathi
03 September 2017 at 17:44
Dear Sirs,
Understand that the Hon'ble Delhi High Court has given a judgement wherein the police should register FIR on all the illegal constructions. Ideally, the FIR should have been filed by the Municipal Corporation of Delh (MCD).. But as we all aware, MCD favors the landsharks and property dealers and do not file the FIR.
1. Whether the affected public (neighbor who has been affected by the such illegal constructions) can file the FIR incase MCD do not file the FIR?
2. If the affected public can file such FIR, under what section/s of IPC or Cr.PC such FIR can be registered?
3. Kindly help us by giving the Judgment of the case wherein the Hon'ble Delhi High Court has given the judgement of registering the FIR on illegal constructions in Delhi?
4. Also, kindly clarify whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court appealed in the Hon'ble Supreme Court of India ?
5. And whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court was upheld by the Hon'ble Supreme Court of India.
Any inconvenience caused to the experts team is regretted.
with namaskar,
Mrs.Tripathy
saarika
03 September 2017 at 00:18
Hi all,
Need help to do final arguement before a case filed against my husband u/s 509 of CPC. Till date my husband has defended himself before the court and current situation is as follows :
1. The complainant is my husbands real cousin sister. She filed a fraudalent and malafied complaint against my husband with help of her uncle serving as police constable in same district in 2012. This was filed intentionally to provide support to her father who is currently having kabja on property of my father-in-law which for which partition is not done and to hide illegal transactions done of selling part of property without our consent. When my husband started inquiry of the property and demanded his fathers share arguments took place. My husband has made 7-8 police complaints against compainants father from 2010 - 2012 against abusing, threatening to kill, asulting with metal pipe however nothing turned fruitful as compainants uncle is a police constable and has good relations with the local police. Hence we have filed three private cases u/s 504, 506, 323, 324 and 325 with medical evidence which are at hearing stage before same court. Apart from this we have filed a Civil Suit of Partition for which as on date we have filed our affidavit.
2. There are three witnesses examined by PP. and all are interested witnesses - Complainants father, Real aunty who has share in property, the I.O. who is close friend of complainants uncle. The panch was also examined by the PP however he clearly stated he is unware what has happened and he signed the panchanama in the police chowky as complaints father took him stating it was some road issue and took his signature. The second panch has never come to court and the evidence was closed by the PP.
3. The statements given by Complainant and her father have lots of differences moreover proper dates were not given by them during initial complaint. There after they have mentioned a date on which imagenary offence was done. On said date my husband was out of state for his work and submitted letter mentioning same and also examined his company official to prove the same. The complainants aunty during her cross has clearly mentioned the offence never happened before her and is hear and say.
4. Apart from this to prove friendly relation between the IO and the Complainants uncle my husban has submitted three chapter cases filed by IO, notice given u/s 149 to Complainants father from local PSI. The details of chapter cases were provided by local police under RTI howere my husband has submitted a letter recieved from the Tahsildar office which clearly state they have never recieved the said chapetr cases from local police. This provides an evidence that IO who investigated all matters filed by us were fraudently delt and no such chapter cases were made agsinst complainants father.
AT SAID STAGE THE CASE IS KEPT FOR FINAL ARGUMENT AND WE NEED HELP IN BELOW REGARDS;
1. To know whether court will consider the intention / motive of complainant and if yes how can we present it before the court. Or should we argue on on basis of merits
2. If possible relevant citations be sent.
3. Any suggestions which will help us to get aquited.
MohanK-700
01 September 2017 at 21:37
A private complaint has been filed in magistrate court. Magistrate ordered for enquiry and referred to police and IO opened FIR and subsequently filed chargesheet.
In chargesheet he mentioned that accused are staying in area of his jurisdiction where as scene of offence is located in a place which is not in his jurisdiction.
1. My question is this chargesheet valid in the eyes of law to proceed with trial ?
2. Since IO has no authority to investigate crime which does not fall under his jurisdiction he should have referred this case to PS which has jurisdiction which he did not do and can i go for quash of chargesheet citing this reason?
Appreciate any suggestion
iftekhar Malik
31 August 2017 at 12:52
Respected all my senior sir,
I filed a. Criminal revison against the order of interim maintenance ordered passed by judicial magistrate Asansol of Rs 10,000/- per month to a minor child of the petitioner.
I am on behalf of the opposite party i.e husband , the main facts is both husband and wife are job holder in Bengal police service where the salary of husband is Rs 18,000/- per month and wife salary Rs 27,000/ - per month.
So for that reason petitioner wife file 125crpc for her minor child and not herself.
When I filed a criminal revison against this order then the session court reject my petition that I can not filed revision petition because it is a bar by kolkatta high court judgement.
Sir I am on behalf of the husband and his 65% income is going as a maintenance to his child ,
As per my study the court may order only 25% income of husband as an maintenance to wife, child etc.
So please give me any Supreme court ruling so that I filed a rescission at Session court Asansol,
Please sir help me and send me some major judgement.
Anonymous
29 August 2017 at 04:24
My husband is in judicial custody since 31st may 2017. He has been charged with a ndps case under section 21b where non commercial quantity of alprazolam was found but not during personal search. He was in custody due to a different case of sec 307 where he has already got bail. He was bought on remand by police on 16th june in drug case where police planted 87 grms alprazolam on him saying he told them that he had burried the medicines in a ground. All this started when the co accused from whom 350 grm alprazolam was recovered and he said that it my my husbands which is totally wrong. Chargesheet has been filed. He is judicial custody from 90 days. Will he get bail from session court?
Arvind Singh Chauhan
23 August 2017 at 21:19
Whether it is necessary to produce seized material in wild life case during trial, during evidence, and get it exhibited.
If yes plz suggest relevant provisions or case law.
mukesh
22 August 2017 at 21:51
In Gujarat a ' District level Grievances readdress and task force committee' formed by state government to curb illegal mining activities.Most class 1 officer of various department are members. They all have duty to help stopping illegal mining activity. In july last week RTO officer caught more than 25 sand trucks. It is his duty to inform this to district geology department where 40 to 50 thousand rupees penalty may be imposed to every truck. RTO didn't do his duty and not informed district geology department.Instead he imposed only overload penalty and release trucks.All this matter on record. RTO knowingly save truck owners from heavy penalty and thus made huge loss to govt. No one bothers. I made a complain under ipc 217. About 15 days passed police hasn't registered FIR . Police guide me to file RTI to RTO and collect more info. What should i do ???
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nino anand
21 August 2017 at 10:42
Hello to all LLC members I want to know that there is a married person and an unmarried girl 👧 both of them are major and professional educated. This married person is having 2 kids and doctor by profession. This person sent his wife to her mother's home in her 2nd pregnancy in the last months which was not aware to this unmarried girl. When his wife was with him he was treating this girl. She was his patient. When his wife went away to her home this doctor called the female patient cum friend to his house for stitch removal and further treatment. Earlier also apart from hospital duty hrs he used to call girl to the hospital for treatment according to him and he used to do multiple talks and jokes which he used to record live without her knowledge with malafide intention. One day he called the girl at home and applied force on her and fingered her private parts and did oral after injected her she was aware but was drugged he again recorded all this after doing this and before leaving girl he said sorry to girl multiple times and recorded only later part when girl was speaking and not what he was speaking. He kept meeting girl and kept recording all with very cleverness on her side things and not when he used to say sorry or applied force. He usd to say mai keh raha hu naa sorry ab keh to raha hu saath dunga shaadi karunga agar Kisi ko kuch bolegi to shaadi bhi nahi karunga aur recordings bhi upload kardunga aur tere gharwale mar jayenge Mai tujhe badnaam kar dunga agar jail Gaya to aisa banunga ki tihar kam pad jayega. The girl.was introvert she didn't share anything at home due to multiple reason. He everytime used to rape her and said sorry and at last only used to record her positive word but not when she used to deny. Now when girl got fed up of all this she said I'll file complaint and cn't bear all this. Then man made her a call and was crying and begging sorry and saying mujhse galti ho gayi mere ghar wale mar jayenge mere biwi bachchon ki taraf dekho. Mai kahin ka nahi rahunga. Mujhe jabardasti karne ka koi matlab nahi tha aap Jo bolo mai jar uss baat ke liye sorry bolta hu. Apki soch pavitra thi mai galat thehra plz aisa koi step mat Lena mai apje haath jodta hu. All these and some more was recorded by chance by girl on speaker and on different phone. Girl is under trauma she is consulting psychiatrist and taking medicines. She is under heavy depression. she went to psychiatrist after 1 year as her family didn't alow her to go under any mental treatment as they scared they will declare her mental. But she cn't answer questions properly now. But she hv this recording as a proof that she was raped multiple times. But the problem is this boy later shows her that he is very good and wants to help her emotionally girl kept meeting her as she was upset and depressed and was asking him why he did this to her now she needs her space. Which he used to record again after raping her now these later recording shows that it was a consent which boy recorded very cleverly and in meanwhile they were on WhatsApp in which he accepted everytime "I know u denied for everything but I insisted I m so sorry over myself i want to regret and he even wrote I still remember my fucking bullshit i have given you endless pain....etc etc and then he even wrote love you and all and girl also replied later as he was fooling and thinking that he might delete all recordings and give her space but in vain. He played smart and made girl psycho patient. She is taking antidepressant tabs and having self injurious behaviour and forgetful mind she forgets thing although she is in job. Plz guide its been around 18-19 months delay as it happened in march 2015 to.....so so If the complaint lodge will this recording work? Will the man get punish ? Rape complaint is delayed and the man is having 200+ recordings. but the girl is having only 4-5 recordings of his sorry and lil acceptance of his crime. Earlier girl was not in the condition to file as she was mentally disturbed and she was violent with her own family member. Girl was non practicing lawyer and man is surgeon. Plz guide ninoanand@yahoo.com
Anonymous
16 August 2017 at 00:37
Respected expert Sir's
Recently I am facing a trial in a case under 354 ipc.The allegation is that the subordinate Clerk had some grievance from me regarding official action in her favour which I had not complied ,so she alleged that I had touched her body in February 2010 and caught her hand.She made complaint before police & the Department and nothing was found ,closure reports were submitted by three police stations .Then she filed Writ petitions and writ appeals in high court and the High Court dismissed those petition/appeal, but in one of writ appeal Hon'ble High Court made a observation that if appellant wants then she can pursue a complaint case .So she filed the complaint case before JFMC and arranged two witnesses namely one is her made servant and other is her neighbour .That the above two witnesses made statement before JFMC that accused came to complainant house and while talking with complaint her "caught the hand of complainant ". and nothing .One of these witness say the time of so-called incident is in one morning in the month of Oct.-Nov.2010. where as other said separately on one day in evening at 8pm in Dec.2010.In this way they did not mentioned the exact date of so called cooked incident.How ever the JFMC took the cognizance under sec 354 and issued bailable warrant which was till date not delivered to accused/me , I just attended the JFMC due to news published in news paper ..I filed a application for recall of JFMC order but as there is no provision in Cr.P.C.for recall so JFMC has kept the application in abeyance ..I filed the MCRC petition in High Court against the order of cognizance but it was dismissed then I filed SLP in the Apex Court and that was also dismissed .Now trial is going to began shortly. I just want to know what action should I take further ,When I can get right to be heard by JFMC.He has fixed the date for statement of Chief -in-Examination i.e.complainant..Whether so called allegation of simply " caught the hand of complainant" comes under unamended section .354 to outrages the modesty of a 52 year aged woman by 64 year aged man .
Under section 313 crpc can I submit a written reply of private complaint petition with a chronology and list of of documents to be taken on record during my statements before JFMC for proper adjudication of the complaint .Further to inform you that this is a private complaint case and not based on the police reports.
.Please reply as early as possible.
Regards,
M.K.Mishra
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Registration of fir for violation of article 21
Dear Experts team,
We are the residents of Delhi and have problem with our neighbor regarding their illegal constructions in their open court yard which is adjacent to our balcony. We filed a Civil Suit and the judgement is in our favor. but the demolition is yet to get done fully. My neighbor and their family members are sitting in the illegally constructed court yard and throwing cigarettes in our balcony. Our balcony is covered by bamboo curtain (padutha) and can catch fire at any time. We have collected more than 30 cigarette pieces in the last 10 days itself.
Also, they shout at us and state that "you go back to your own state and this state is ours" whereas we are living in Delhi for the past 25 years. And Delhi is our home state and well settled.
Kindly help us by clarifying the following :
1. Some says Article 21 is violated and an FIR should be registered against the neighbor who is throwing the cigarettes into our balcony. Wish to know under which sections of IPC or Cr.PC such FIR can be filed?
2. Few others say that compliant to Human Rights Commission - but cautions nothing will happen on our complaints.
3. Some say file a writ petition in the High Court since we got the judgement in our favor on their illegal constructions and approach the High Court for violation of Article 21.
So, please guide us on how to go about it.
With best regards,
Rishi Gupta