Proceeding u/s 125 Cr.P.C.

In a proceeding u/s 125 of Cr.P.C. stage is for defence evidence. Non applicant filed his affidavit. It his affidavit some important points and point related with documents filed by the non applicant are not mentioned by mistake of his council. But those point are very impportant for the defence of the non applicant. QUESTION: Is it possible for the non applicant to be called or recalled himself as a witness? Is there any case law?

Sec 109 IPC

If Mr.A helps Mr.B to murder Mr.X, then Mr.B can be charged under Sec.302 IPC and Mr.A can also be charged U/s.302 read with Sec.109. My question is about the scope of Sec.109, will it be limited to offence mentioned in IPC or will its scope extend beyond IPC, say for an offence relating to Pollution Control Act.

Wife taken away jewellery gifted to her

Ld cousels,
My wife has taken away jewelry gifted to her by me during wedding, which also includes mangal sutra in gold. Mangal sutra is a valuable item shared between husband and wife. She is refusing for re-union and refusing to give the jewellry. Can I file a 406 against her. I have bills for all hte jewelry.
Is it possible that she will claim ownership of all the wedding gifts gifted by me.

please clarify

criminal miscarriage u/s 312 INDIAN PENAL CODE

PLEASE SEND ME SOME JUDGEMENTS WITH CITATIONS IN WHICH THE COURT PASSED THE AQUITAL ORDER. WHAT IS THE BASIC NEED TO FORM A CHARGE UNDER THIS SECTION.WHETHER THE COURT CAN FORM A CHARGE IN THE FOLLING CASE AS STATED UNDER.
THE VICTIM'S MOTHER FILED A CASE ON APRIL 2007 REGARDING A INCEDENT OF 29/11/2006 AND THE MEDICAL PRESCRIPTION DOESNOT CLEARY SAID THAT WHAT IS THE CAUSE OF MISCARRIAGE AND THRE IS NO HOSPITAL REPORT REGARDING THE INCEDENT.THERE NO F.I.R ON THIS INCEDENT ON THAT DAY AND A GD WAS LODGED ON 16/2/2007.NO INFORMATION WAS SEND TO HUSBAND AT TIME OF THIS MIS CARRIAGE.

Ingredients of Dacoity

In a private complaint alleging an offence punishable u/s 395 of I.P.C. is committed by six accused persons; the magistrate issued process u/s 380, 341, 323, 504, 506 r/w 34 of I.P.C. and not u/s 395. Accused persons have given their appearance in the case and the matter is fixed for Evidence Before Charge. I am of the opinion that all the ingredients of secs. 380, 341, 323,34 are sufficient to constitute the offence of Dacoity punishable u/s 395. Now I want to move an application on behalf of the complainant to alter the Charge which can be alter at any stage of proceding. The questions is can I apply for alteration of charge before the stage of E.B.C.?

Witnesses In US Not Reliable, Says CBI

1984 Riots: Witnesses In US Not Reliable, Says CBI

15 Jan 2009, 2008 hrs IST, PTI

NEW DELHI:

CBI feels the two witnesses examined by its team in the United States in connection with the 1984 anti-Sikh riots were not credible enough and failed to give any proof linking former union minister Jagdish Tytler to the rioters.

Jasbir Singh, who was examined by a CBI team in San Fransisco, gave details of his movement between November 1 to 3, 1984, in which he named one Sucha Singh, a resident of Delhi university area, as the person who had given him shelter from the mob. Singh had given the age of Sucha Singh as 65 and said he owned a two-room house.

However, the CBI found out Sucha Singh was a resident near Ludlow castle school and he denied having provided shelter to anyone. He also told the CBI that he had a seven-room ancestral house and not as stated by the witness.

His statement was recorded under Section 161 Criminal Procedure Code at the Indian mission in San Francisco, CBI sources said.

Another witness Jasbinder Singh was examined by CBI at the Indian Mission in New York who could not give any fresh detail to the agency sleuths.

He told the CBI that he was hiding along with two "sevadars" (volunteers) and "Ragi" (who sings morning prayers) but failed to provide the name of the three people for independent verification of his statement.

The CBI, in its report to the court, concluded that the two witnesses could not be relied on.

sec 498, 498 A , 406 and mediation

Sir, I am writing you this post on behalf of my brother who is 57 years old and is a 2nd engineer in merchant navy. His wife is 51 years old and they have 2 sons 23 and 18 years old at present.

To begin with about 8 or 9 years back my brother had a fight with his wife on which she left home taking the 2 minor boys with her. Then later she went to the police and registered a false case of dowry,cruelty,istridhan under sections 498,498A & 406. As a result my brother also approached court for anticipatory bail. There his wife laid a condition that she will not oppose the bail if she is given a residence for her and her sons living. My brother also agreed & he bought a 3 room flat in Delhi and gave the same to her just for the purpose of living only, after that he himself never went in the flat and stayed at Shimla in his mother's house. THEREAFTER she filed a case of maintenance restitution of conjugal rights and her temporary maintenance was fixed at 18000 per month.

Being in merchant navy my brother has to go to abroad and on high seas, here his wife always saw and continues to see golden opportunity to extract money and get her demands fulfilled. In these 9 years she many times threatened and sometimes also filed bail cancellation application in his absence, on false grounds if ever her demands were not fulfilled. Just because of his job my brother always agreed to her demands like flat, maintenance, etc without contesting the case. When their elder son turned 17 he decided to live with his father and is living with his father at present.

PRESENT SITUATION-: over these 9 years the criminal case went on a very very slow pace and except long dates nothing happened in the case. But few months back the stage of charge that is whether to be charge or not came. On seeing this a family matter the magistrate of Tis Hazari,Delhi asked both the parties if they want to go for mediation and both parties also agreed. Then this case was transferred to the mediation cell. Here his wife presented her demands like increase in maintenance,cash money,car,property,etc. and after some dates my friend also agreed to them. Then both the parties in present of their lawyers and judge signed the agreement in medition cell.Now as per the legal procedure the case in the mediation cell was over and again went back to magistrate court of Tis Hazari from where it was suppose to go to high court for questioning and final closer. But later greed came in her mind, she thinks that even more money can be extracted by further amending the agreement and so she retracted from the agreement of medition cell in the magistrate court & magistrate gave another date.His wife is asking the agreement to be rewritten or amended on which my brother is not agreeing. Is retracting from signed agreement legal? Does it not come under some crime like perjury or contempt? Is this also not some violation of any contract or civil law? ANY OTHER ADVICE IS THIS MATTER IS MOST WELCOMED.

SUspicious FIR

There was a compliant given at all women police station. Before interrogation I have got AB from high court. Interrogation happended, statements were recorded from both the sides. Registration of FIR is postponed. After one month FIR is registered based on another statement(? or complaint) dated one month after the first complaint. New facts were revealed in the second statement.
It is confusing the way FIR is registered.
1. Did the high court secure a copy of first complaint while granting AB.
2. Why there are 2 statements recorded on the complainant side. The first complaint was given by my wife's father, a statement givne by wife. The seocnd was given by my wife herself.
3.Is that a possibility that the first was withdrawn at the police level itself without going to court. Is that legal.

Please clarify

Complaint against police & sec. 202 of Cr.P.C.

In a private complaint against police officers; after directing the complainant to lead evidence and after recording the evidence, the court ordered the police to file a report u/s 202 of Cr.P.C. and concerned police despite of several reminders sent by the court; not submitting the report since last 4 month. The complainant moved an application for conducting the enquiry through an advocate(third party). But the court put the matter for waiting the report from the police who are the accused. What remedy is available for the complainant?

Section 498, 498 A , 406 and mediation