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N.K.Assumi   12 March 2009 at 19:12

Does Chapter XII control Chapter XXXIII of the CrPc?

Does Chapter XII of the CrPc dealing with power of the Police in investigations, Remands etc; controls Chapter XXXIII of the CrPc regarding Bails?

N.K.Assumi   12 March 2009 at 18:56

Can advocate appear and plead in a cas where another Advocate has filed vakalat?

Is it proper for an advocate to appear and plead in a case where another Advocate has filed vakalat?

N.K.Assumi   12 March 2009 at 18:28

Ignore Bail Petition and issue remand order to the Police.

If a bail petition is filed in the Magistrate Court and the Magistrate inspite of hearing the bail Petition on merit issued Police remand, doe the remand order amounts to refusal of bail petition?

N.K.Assumi   12 March 2009 at 16:51

Refusal of bail as order of Remand exist.

Is there any provisions in the CrPc, that Bail can not be given during the existence of Magisterial Remand? Any citation of the Aopex court in this regard?

RAKHI BUDHIRAJA ADVOCATE   12 March 2009 at 16:45

Need Judgement

Dear Members,
Happy Holi first of all to all of u.
One of my client got married with a girl 2 years back without the consent of her parents in Arya Samaj Mandir. The father of girl lodged an FIR against my client u/s 363/376 IPC. The case is pending in session Court. Both, my client & that girl are living together since the date of marriage together as husband n wife.Now the father of the girl wants to witdraw his case. We appeared before the Hon'ble Court, then Hon'ble Court ordered for recording of his statement, but immediately then Public Prosecutor told that her father had filed school leaving certificate of the girl wherein her age is shown as 14 years on the date of marraige, but in Bone test the report of doc. states the age as 17-18 on the date of marriage. Onlast date of hearing the prosecutrix became hostile. Now the Judge is demanded for any judgement. Kindly consider it as urgent.Thanx in advance.

Member (Account Deleted)   12 March 2009 at 10:02

Sec 239 Cr. P. C.

In a criminal case the last three dates are being given for framing the charge. However either all the accused are not present or the Public Prosecutor is not present before the court. For this reason the court is not framing the charge.
Now next date is also for framing the charge.
At this stage can an application under section 239 Cr. P. C. be filed on behalf of one accused? there are 5 accused.

vinod bansal   11 March 2009 at 16:25

Application under sec. 319 crpc

Respected all members
I am representing the complainant in a FIR case,in this case one accused was challaned by the police while another was found innocent,while recording evidence in court after recording the evidence of complainant public Prosecutor filed application us 319 crpc to summoned the another left accused as an accused,before argument on this application first accused who was already facing trial expired now court has dropped the proceedings qua the expired accused & case is fixed for argu on 319 application,plz send me some citations in this regard.It is also pertinent to mention here that in this case there were two eye witnesses out of them one has declared hostile but second complainant is stands & he has deposed strongly against both accused,means there by case is based now only on evidence of solitary statement of complainant.

vinod bansal   11 March 2009 at 16:13

contrary site plan

I am representing a crl case in which investigating officer has submit a site plan in challan,that site plan in police challan is totally contrary to original position/existence i.e. in which i.o. has shown a temple in west direction in fact that temple is in east direction.I want to prove on this point that alleged eye witness was not present at the spot at the time of occurence.plz suggest me some citations.Thanks

Saravana.P   09 March 2009 at 11:09

unstamped agreement can mark as exhbit to defence the accused

dear all,

in warrant case, whether unstamped agreement can be marked as exhbit to defened the accused case ?

whether under section 4 karnataka suit valution act 1958 could applicable to criminal case?

dear friends you have any citation to prove that unstamped document/ agreements shall be consider in support of accused



vinod bansal   08 March 2009 at 22:16

non-examination of complainant

Sir
plz send me some citation in which complainant was not examined & accused was aquitted on this ground case is us 406/420 ipc