Arjun Arjun
04 November 2021 at 08:14
Sir,
My estranged wife complained against me in police station after 10 months of leaving my house.
Police called me in July this year. I did not go to police station.My anticipatory bail application was dismissed in sessions Court in August due to no fir registered. My anticipatory bail application is still running in high court. Can police come again and arrest me? Kindly reply
Balaji Bakthavathsal
01 November 2021 at 06:52
In a Criminal case under the Calendar Case filed by the District Crime Branch Police based on the direction obtained from the High Court before the Judicial court under the sections FOUR SIX SEVEN, FOUR SIX EIGHT, FOUR TWENTY AND FIVE ZERO SIX (II) of Cr.P.C., can the prosecution side witnesses seek exemption in attending the court under the section205 of Cr.P.C. ?
These witnesses are sisters of the complainant who were interrogated by the police to ascertain the facts of the offence.
Please quote suitable citation if there is any.
Thanks & Regards
Anonymous
30 October 2021 at 23:45
SIR, COULD I PLEASE BE GUIDED HOW A CRIMINAL CASE PROCEEDS: ONCE SUMMON IS ISSUED THE ACCUSED HAS TO APPEAR IN COURT. ONCE ACCUSED RECEIVES THE CASE PAPERS SHOULD THE ACCUSED SUBMIT HIS REPLY TO THE COMPLAINT FILED BY THE COMPLAINANT? OR SHOULD THE ACCUSED FILE HIS REPLY BEFORE FRAMING CHARGES OR AFTER THE CHARGES ARE FRAMED? IF THE COMPLAINT IS NOT SUPPORTED BY DOCUMENTERY EVIDENCE AT WHAT STAGE SHOULD AN APPLICATION SECTION 91 OF THE CR PC BE SUBMITTED IN COURT SHOULD IT ALSO BE BEFORE FRAMING OF CHARGES OR AFTER FRAMING OF CHARGES?
RangaRajan J
27 October 2021 at 08:29
Dear Respected Experts,
Brief of Case:
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Wife filed a case u/s 498A & 4 of DP Act. The FIR was registered through court direction (u/s 156(3)). During cross-examination of SHO (station house officer, IO) my advocate asked if a document mentioned in FIR is marked in court. SHO told that it is marked. Immediately my advocate asked the Judge whether it is marked or not. The judge replied that it is NOT MARKED. Actually, the FIR was registered in JM court of Chennai and transferred to JM court of Bangalore due to Jurisdiction.
My Question:
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1) Is it possible for the Judge to get the document mentioned in the FIR, from JM court of Chennai, to JM Court of Bangalore?
2) Would the Judge take the initiative to bring the document in his/her own interest.
3) Is there anything in Law mentioned as a MANDATORY procedure for the judge to demand any documents from other courts?
Thanks in Advance
Sanathan Juturu
26 October 2021 at 10:33
Dear Sir,
I have admitted in hospital on 3rd night 3 AM and discharged on 4th 8PM due to acute stomach pain treatment in hospital, later discharge they have provided only one final cash bill to me. Later I have claimed these bills for hospitalization and got to know that I have to provide discharge bill to them to get the money. I have asked same the hospital people but duty doctor denied providing it and saying why have you not taken that day and suddenly saying you have not been in hospital for 24hrs but they charged me all with 24hrs charges only. Please help me in this case how can I file complaint on them under which section.
Thank you.
Khalid Shaikh
25 October 2021 at 03:48
The case has been on hearing for 3yrs, the case is IPC 279,338 , I hit a woman (she came in front of my bike while talking on phone when the signal had just turned), i helped her but a case was filed. this happend in 2016 the case went to court in 2019 and has been on hearing from feb 2020, what would happened if i don't go to court or how can i get the case dismissed, The case is police station vs me
Khalid Shaikh
25 October 2021 at 03:45
The case has been on hearing for 3yrs, the case is IPC 279,338 , I hit a woman (she came in front of my bike while talking on phone when the signal had just turned), i helped her but a case was filed. this happend in 2016 the case went to court in 2019 and has been on hearing from feb 2020, what would happened if i don't go to court or how can i get the case dismissed,
The case is police station vs me
Anonymous
23 October 2021 at 13:19
I am applying for canada PR where i need to upload police clearance certificate. I have an accident case registered against me under IPC 338 and currently the case is in appearance stage.
The other party is not ready to settle the case and demanding hefty money.
1. Does the court case creates problem during police verification?
2. I heard that IPC 338 accident case is not much major offence and it doesn't involve moral turpitude, will I get clean PCC in this case. How much true is this?
Please guide me in this regards as I cannot wait till the end of the case proceedings as it may take around 3 to 4 years.
Balaji Bakthavathsal
19 October 2021 at 10:40
In a criminal case, (cheque bounce case), the accused has been sentenced to one year simple imprisonment punishment by the lower court. The accused appealed to the next appellate court and the appellate court confirmed the lower court’s order. The lower court order dated 22.08.2014 and the appellate court order dated 18.04.2017. As the person was roaming scot free, the trial court was questioned under RTI Act about the action taken on the accused and the trial court informed me that warrant has been issued to the concerned police station to apprehend the accused on 19.08.2021 after seeing my letter dated 11.08.2021. Under these circumstances, please clarify the doubts
i) Whether the accused can file bail petition and get bail ?
ii) Whether a third person who is not the complainant can file a caveat and object the bail petition ?
I would be very grateful if clarification is provided on this matter since the accused, an unscrupulous person is creating lot of problem to me by filing false & fictitious civil suit disturbing me mentally, financially and physically.
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Ipc 338 accident case and imprisonment
My brother is booked under IPC 338 in an accident case. Chargesheet is filed and case is still in appearance stage in court.
The complainant doesn't want to settle and filed an MVOP case for 90 Lakhs compensation and it is still in NOTICE stage in court.
Accident:
My brother was driving a car and accidentally hit a person from the back where the person got multiple fractures.
Our advocate suggested to FACE THE TRIAL.
My questions are
1. Is there any chances of going to jail if convicted during trial?
2. what can be the maximum punishment given to my brother considering the circumstances?
3. what can be done to avoid jail term if he is convicted during trial?
4. My brother is student persuing degree, he holds valid driving license, RC, Insurance and he even took the injured to hospital and paid 3k for first aid.
5. If he is sentenced to jail, his career will be destroyed. what can be done to get out this situation.
we can neither afford to give compensation nor can go to jail. we belong to middle class family.
Please help us and guide to the right path.