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Suraj Kumar   20 April 2022 at 11:28

125 crpc (maintenance)

Sir,
My wife file 125 CRPC for maintenance of her & my son. Matter is pending before court for grant of interim maintenance.

She married again and taken away my son to unknown address.

My in-laws complaint before police that, the person with whom their daughter is remarried, is demanding money to release my son.

Upon police investigation, she accepted that she is remarried before police & also send marriage photo to police.

I need custody of my son because my son's education is totally stopped.

Sir,
Can maintenance petition u/s 125 CRPC for both of them be dismissed ?

Could I get custody of my son by filing custody case ?

Could police arrest the person who demand money from me to release my son ?


Krishnaiah Krishnsiah   19 April 2022 at 20:10

Provision of law for dvancement petition in criminal cases .

Dear experts,
Is there any provision of law for advancement petition In criminal cases especially section 138 ni act matters as I filed in 2015 but still posing for examination though there is a ruling of the honourable supreme court the cases may DISPOSED with in 60 .
Kindly advice on this experts as the complainants facing the hardships than the accused

Anonymous   17 April 2022 at 08:00

Regarding the accident claims

I sold a car to my relative on 14/01/2022 which was remaining with me unused and I have taken a letter of having taken delivery from the buyer who is also a close relative. The car is with Tamil Nadu Registration and the buyer belongs to AP. As I was not using the car the insurance had lapsed which fact was communicated to the buyer at the time of sale and he said he will take care of it. The car met with accident in AP on 15/02/2022 hitting a bike coming on the wrong side of the road and bike rider died in the hospital and the pillion rider was injured.

The name transfer of RC book had not taken place at the time of accident and the car was without insurance.

I have been called by police thro' my relative / buyer and police is asking me to sign a letter under Sec 41 A of Cr PC but fortunately I could gain sometime with them. When I requested the police to receive my statement that I have sold the car and hold delivery letter they are saying that I will have to tell that in the court only.

I wish to know the consequences of the aforesaid bad incident. Whether I will be implicated in the Accident Claims of the deceased or my liability will end with paying penalty for not insuring the car. Kindly offer valuable opinion please.   

Anonymous   16 April 2022 at 00:17

Motor accident case and imprisonment

A person was hit by my vehicle and got multiple fractures (though it was his mistake). The injured is wealthy enough to get treated in reputed hospital and got all medical expenses covered under their medical insurance.

Now I was booked under IPC 338 after the injured's family members made a complaint in PS.

police took my signatures on 41A notice (but i didn't got a chance to read it and no one told me anything).

They called me 3 days after saying that they will give me station bail. when I reached the police station, i was arrested and produced before judge (i got bail with the help of local lawyer in court premises).

Now the injured's lawyer called me and informed that they filed a petition claiming 1.5 crore compensation from me and my insurer and i would get notice from court soon.

Being a middle class government school teacher, i am completely pressurised and feeling hopeless as two cases are on me . (criminal and civil)

what can i do here? please suggest i have a family that is depended on me?
will I be sent to jail ?
how many years these cases will take to end?
do i need to pay money in MVOP case ?

Please provide some valuable suggestions here what should i do and get out of this mess.

Sadanand bhisaji Panchal   11 April 2022 at 13:11

Where to file appeal u/s. 341 of cr. p. c.

Respected Experts,
In the year 2016 I filed Application u/s. 340 of Cr. p. c. before the Appellate Bench of Court of Small Causes Bandra which heard last 25 days and the Court passed Order saying that the said Application will be heard along with Appeal and matter adjourned for hearing of Appeal. Thus the Appellate Court refused to initiate preliminary inquiry u/s. 340 of Cr. p. c. I want to file Appeal under Section 341 of Cr. p. c.
Kindly inform me (1) Which is the Appellate Court (2) Whether to file Writ Petition before the Hon'ble Bombay High Court (3) Whether Appeal under Section 341 of Cr. p. c. lies in the Appellate Side of the Hon'ble Bombay High Court ?

Thanking You,
Sadanand B. Panchal

raju   10 April 2022 at 13:54

Revision in crpc

Witness was summoned for giving evidence along with records. The witness himself did not appear and deputed his advocate and court accept the same. My query is can revision before district and sessions court filled for resummonning the witness

Anonymous   07 April 2022 at 20:50

Face trial or plead guilty in ipc 338 accident case

A person was accidentally hit by my car and got grievous injuries and police registered IPC 338 on me. I tried to settle but the injured is not ready to settle the case.

Now i got summons from court to appear.
I heard that if I plead guilty and pay fine then the case is closed and i can move on with my life.

1. Is this true?
2. If i plead guilty, are there any chances, i will go to jail immediately?
3. If i plead guilty, will i get passport and visa for higher education?
4. If i go for trial, if i got convicted at the end what will happen?

Should i plead guilty or consult a lawyer to face the trail ? Please help me so that I can decide what next has to be done and plan accordingly

Mahesh Chand Gupta   03 April 2022 at 21:46

Commencement of court proceedings in stayed case.

I filed a complaint case against Mr. N Gopinathan in which court issued summons against N. Gopinathan under section Four-Twenty, Four-Zero-Six, Four-Six-Seven, Four-Six-Eight, Four-Seven-One IPC in the year Two Thousand Nine. Mr. N Gopinathan approached Allahabad High Court and got order of stay of proceedings in the lower court. The case is still pending in Allahabad High Court. May I approach Allahabad High Court or trial court at Ghaziabad for vacation of stay on the basis of circular no. Nineteen-Twelve-Twenty issued by Central Vigilance Commission stating that in those cases, where stay was granted by a trial court more than six months ago and also in cases on CBI's investigation, which have been kept in abeyance due to court's orders, the issues may be examined in the light of the judgement of the Hon'ble Supreme Court of India and immediate steps may also be taken, in consultation with the organization's counsel/Legal Branch to ensure that the stay, if granted by a court of law, is vacated within six months period and court proceedings commenced.

Anonymous   03 April 2022 at 18:02

Delayed intimation of false fir by govt servant.

Respected sir/madam,

Pls give your suggestion and legal opinion on the following:
I am a government servant. A false case has been registered against me. I got terrified and didn't inform my department regarding the same. I was never arrested in this case and got anticipatory bail from court.

I informed my department after 8-9 months regarding the case after FIR. Almost 15 months have since passed. A departmental enquiry had been conducted 1 year back I was asked a few question. I submitted the written reply. Since then nothing came out.
My case is pending trail. On anticipatory bail and no charges ever framed till date.

My question is will I be suspended or removed from job as I delayed in intimating my Deptt? Pls reply I am very tensed since last 2 years!

chiranjib mukherjee   01 April 2022 at 20:58

Search warrant under section93 of cr.p.c.

complainant filed application u/sec. 93 Cr.P.C. praying for search warrant in respect of stridhan articles and court allowed the prayer in respect of some of the stridhan articles and police searched the house in presence of the complainant and nothing was recovered and NIL seizure list was prepared by police and signed by the complainant and the accused and submitted report in court.
Can complainant filed petition praying for search warrant in respect of same articles at same place for second time? if no. kindly refer judgement.