vinod bansal
12 January 2011 at 18:15
R/Experts
I am in urgent need of this judgment.
Kindly provide me judgment of Orrissa Highcourt 1999 1 CCR 652 Narasingha gopal vs State of Orrissa .Thanks in advance
Avinash
11 January 2011 at 19:24
Dear All,
Many Thanks for the Learned Experts who guided me in my last query. I have filed a Private Case for Section 497 in the Court of Law against the Paramour of my wife and have included even her CRPC 125B and 107 for Criminal Conspi against her because of her involvement he had called me thro phone and threatened me with dire consequences and confessed about their relation and later with that i filed 506 and 504 against him.later it has been taken for FSL report.Can any body pl help with some citation details where women has been summoned under 125b and 107 with ref to 497
Please it will be a great help for me to get my son cust.
Regards,
Avinash
Legal Fighter
28 November 2010 at 09:28
Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.
NAVNEET GUPTA
11 October 2010 at 18:45
Sir, a lady on whose complainant the police filed a chargesheet U/s 451/353 RPC(J&K) and on the presurre of accused and prosecution agency ,as she was threatened of dire consequences ,made different story before the Court which will in future exonerate the accused . The evidence in the case is still going on .The accused has now threatened her to get her defamed and file a case for malicious prosecution . The lady/complainant now intends to retract from her statement and wants to make a correct statement before the court.
Please advice on this issue and also the law point / procedure .
M/s. Y-not legal services
09 September 2010 at 03:00
sorry experts.. i have deleted this query.
WHATSAPP 91-8075113965
01 September 2010 at 13:34
sir,
can anybody provide the following citation urgently :
1988(3)scc(crl)822
it is on the notification on wild life protection act.
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:02
sir,
in one of my case, the allegation is that 4 accused persons showed a knife to the defacto-complainant and snatched a gold chain from him and subsequently after so many days, gave it to the 5 th accused to sell the gold ornament.here the offences charged against the accused are u/s 392, 398, r/w 34 of IPC against accused No. 1 to 4 and an offence u/s 414 of IPC seperately.
now , in this case, charge has been framed and denied by the accused,summons has been issued to the witnesses.
now, my doubt is that, here the only sessions offence is 398 IPC. it requires 5 or more persons to commit the offence. but, here, in this case, even though now there are 5 accused persons, at the time of commission of offence there were only 4 accused persons. or in otherwords, accused No.5 has not ever took part in the dacoity at all, the only allegation against her is that she has assisted in concealment of stolen property (u/s 414 IPC).
so, according to me 398 will not lie as there were only 4 accused persons at the time of dacoity.
if at all, 392 may lie.so, 392 IPC and the other offence charged against accused No. 5 , 414 IPC, is also an offence triable by magistrate only.but, now, as sec. 398 has been incorporated now it is in sessions court.now, charge has been framed and denied by the accused. so, i cannot argue for discharge also.
what is the remedy ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
dipankar
28 August 2010 at 11:17
How long does a DSP require normally to investigate a Scheduled caste case.
Gaurav Pandya
25 August 2010 at 01:48
Is there any provision that, appeals dont have any type of Written Statements ?
or
Is there any provision regarding that, Written Statements should not be allowed at the time of arguments in appeal ?
if any citation or ruling, please also inform me.
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My 498A case Please help me it is on Judgement Time
In my case My wife has given Affidavit has submitted with her complaint application. In my 498A case is actually it is revengeful action. I have applied Divorce case due to harassment I have applied divorce on the basis of cruelty. At that time i was not in home and she has broken the lock & entered in my purchased home. I have given complaint to Police that my wife is entered in my house forcefully; She is not ready to give me my valuable items and documents also. But Police has given me 155 letter, in that letter police has mentioned that she is not ready to give any documents & items also.
Then applied one complaint case IPC406 under sec. 200, That case is registered against my wife & their parents. Court has given the “Jamanati Warrant” against them and it is received on 7th May 2008 by them. Then she has given the application of 498A against me & my parents. Their parents and she has done criminal conspiracy, they have attacked by 498A and legally terrified me and my parents.
In this application one affidavit has given that is notarified Seal & sign by Notary on 9th may 2008 from Raipur but my wife has signed on 22nd May 2008. In two places she has not signed but one place she has signed, She has written two lines by hand written on that affidavit but Notary has not seal and sign on that hand written matter. My case is registered on Durg which is 48 Km far away from the Raipur (C.G.)
When we have taken the evidence of my wife we asked at which date u have taken the Notary Seal and sign on the affidavit, she told that it is on 22nd May 2008, At which place she has notrified this affidavit then she told that it is on Durg, Court only and she told that on that day Notary has come from Raipur to Durg. When we have showed her that affidavit then she changed her version that affidavit seal and signed on 9th May 2008, It is signed in Raipur when we showed that the place it is verified on Raipur then she changed her version. In this affidavit she has mentioned that one of her supporter evidence (Rashmi Chauhan) has also given one complaint letter to the Police against me. She is accepted in front of Judge. When Rashmi Chauhan has come at that time we asked same qu. With her then she denied that she has not given any complaint letter to Police against me. In that affidavit she is also mentioned that on 9th May 2008 one application has given to the SSP, Durg. First she accepted that one application has given but when we showed that the complaint letter which is attached with affidavit the date is 22nd May 2008. Then she was telling I don’t know where it is? I have taken out the RTI report from SSP, Durg any complaint letter was given by my wife on dated 9th May 2008. They have replied no complaint letter has received from SSP office or SSP. When I/o (Lady Inspector who investigate) has come for giving the evidence when we asked whether this affidavit submitted by u, then at that time has told yes. Then we asked have u checked each & every documents also Then she told yes. Have u checked the affidavit then she told yes. Then we asked in this affidavit notarify on 9th may 2008 then where is the complaint letter of 9th may 2008. Then she told only this application & along with affidavit my wife has given her. Then we asked when u verified and u checked properly and u have seen the 9th May 2008 seal & sign by Notary then u have taken out the letter of 9th may then she denied.
I have applied 340CRPC against my wife under sec. 191, 192,193, 195 and 467.
My qu. Is :-
1. That affidavit, is false, mistaken & tampered also. Tampering because she has written two lines without permission of Notary & Notary has not signed on that hand written lines. So above section is perfect or any other section of 340crpc is for false evidence, false affidavit and tempered affidavit. There is chance of getting the punishment to her (My wife).
2. In this evidence it is also cleared that I/o has done some wrongful action against me. She has not followed norms & investigation properly also. Weather she will get punishment for her careless duty? Under which section i will apply for her then she will get punishment on this matter.
3. DPO (Divisional Public Prosecutor) has submitted this case infront of the Judge and he has not told to the Judge the abnormalities of the paper, he has not done his duty honestly. Then how he will punish for his act & carless for job. Otherwise may be possibility we will discharge immediately when the case was submitted infront of the Judge. So please suggest how he will get Punishment under which section?
4. Notary has also not done his work honestly, in first glance that we can under that this affidavit is seal and signed but my wife is not present or she has taken blank affidavit from Notary, then how he will get punishment on this matter. He has not followed any law then under which section he will get punishment & How he will get punishment?
5. My Parents and my wife has done criminal conspiracy against me and my parents, because when My Father in law has given the evidence that time he accepted that there was no Dowry demand from our side before marriage and after marriage also. Then we asked u got Jamanti warrant under section IPC 406 on 7th may then he accepted and he told that when I received that warrant I feel very much bad. Mean after telling by this it is cleared that they have taken revenge from me & my parents by their criminal conspiracy and for legally terrified to us they have given the application and used 498A against us. So how they will punish for that please suggest me.
I will be very much thankful if all experts give me suggestion on this matter because Police has arrested me & they have handcuffs me, they forced me to walk upto court when i have not done any mistake or nothing no physical abused no mental tortured to her but she tortured to me & I got divorced from Family Court, Durg. Then she applied appeal to HC also, again I was won there. So U think for my defame, attack on me and my parents prestige so my humbly request when all the system is corrupt then why they will not get punishment and may be it is possible by your valuable suggestion only.
Ajay Kumar Reddy
Raipur
Chhattishgarh