Anonymous
06 October 2021 at 17:52
In October 2021 I have been charged by Magistrate in a Section 420 offence on a private complainant to a magistrate by younger brother
Mother has previously in Sept 20 ( a year ago ) filed a case U/S 420 IPC against the same younger brother where i am the witness. The younger brother availed Anticipatory bail from sessions and now case is in Trial
This counter Case by younger brother where i am accused is also u/s 420 ipc where cognizance has ben taken and Summons issued by Magistrate with date of appearance set at 30 th October
Should i appear on Summons date AND on the day apply for Bail U/S 437 Crpc
or
Should i apply for Anticipatory Bail at sessions judge now.
I dont have any criminal antecedents and obviously i am being falsely accused in a frivolous case is my stand
The local lawyers keep saying to apply for anticipatory bail 438 as opposed to bail under 437 saying the magistrate WILL take me into custody when i appear ion summons date even though i have no criminal antecedents
I am explaining that it is a summons in a sec 420 IPC case not a warrant
But they keep saying even though magistrates in this magistrate triable 420 ipc case can grant bail U/S 437, they choose to take people into custody so better stay safe by going for Anticipatory bail.
what should i do? Should i take the chance or should i go for ABP
Please advise
Anonymous
04 October 2021 at 14:12
Moot Problem:
I need to draft memorial from both sides for the below moot probelm.
In the village of Mylapore in the State Ramil Wadu there is an eminent businessman turned
politician Rahul Raghuvanshi. He has been elected to Ramil Wadu assembly successfully 3
consecutive times. Rahul a management graduate from Annamalai University was an active
student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he
joined Janata Morcha, he held several posts within the party and at a young age of 31 became
MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi,
Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency,
he also held the portfolio of Minister for Urban Development when Janata Morcha was in power
in the country .Rahul Raghuvanshi being an Industrialist owned several factories which had huge
manpower and Trade unions with political affiliation. Rahul after procuring a degree in
management from Annamalai University chose to pursue his family business, in the course of his
business he had to grapple with many problems relating to workforce such as absenteeism, low
productivity, and acrimonious disputes as the trade unions had differences within themselves. A
strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There
was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated
to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party
in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of
Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide
media coverage of the issue. On the 2nd February, 2019 situation was extremely turbulent hence
the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC.
The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul
Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker
filed a Habeas Corpus petition on 6th February, 2019 Under Article 226 and 227 of Shennai High
Court at Ramil Wadu challenging the detention of several workers and also claimed compensation.
The Shennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers
of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged
the leader of opposition in Ramil Wadu assembly to broach a debate on Rahul Raghuvanshi’s
undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding
resignation of Rahul Raghuvanshi was the post of standing committee for Education and
Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest
marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to
control the situation with Rapid Action Force and Local constabulary. In the course of this chaos
Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 16th February 2019 in
the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged
the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there
was law and order problem which resulted in casualties and damage to property. Rahul
Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from
the committees he was part of and the portfolio he held. The speech delivered by Rahul
Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he
was booked under sec 153 A of IPC and a FIR was lodged against him on 17th Febraury 2019
There was round the clock coverage of the incidents of violence by the media. The opposition
demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was
constituted on 1st April, 2019 by the Ruling Party i.e Janata Morcha under the auspices of retired
judge, Justice Vishwanath to enquire and investigate into this matter on urgent basis. The
commission submitted its report before the House on 30th June, 2019. There was election hence
the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured
Power and Muthuswamy Nair became the Chief Minister in November 2019 and the commission
report was again debated with disruptions in the House. Though Rahul Raghuvanshi was booked
under sec 153 A of IPC and a FIR was lodged against him on 17th February 2019, he was not
arrested due to the political influence. The home minister finally demanded arrest of Rahul
Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 12th
November 2019. The Magistrate took cognizance of the complaint and convicted Rahul Raghu
Vanshi for 3 years imprisonment on 18th November 2019. The order was challenged in court of
sessions court, on 22nd November, 2019 the order was upheld and eventually it was challenged in
Shennai High Court on 27th December 2019. The High Court admitted the appeal and overruled
conviction on 16th July, 2021 of Rahul Raghuvanshi and found that lower courts made gross error
in passing such orders. The State challenged the High Court order of acquittal in the Supreme
Court of India in August 2021.
Issues:
1) Is he said appeal maintainable in the Supreme Court?
2) Is the High court justified in setting aside the session court’s order?
3) Does the case have anything pertaining to limitation act or has time barred as per the relevant
legal provisions?
4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly?
5) Is the government bound by the findings of Justice Viswanathan commission as regards its
implementation or not?
Anonymous
03 October 2021 at 15:43
Is it mandatory to have ration card for surety in district magistrate court in pune. What isnthw alternative for ration card for surety in 498a a case.
Vinod Kumar Gupta
02 October 2021 at 22:23
when evidence of complainant and accused have completed and file is about to move for final arguments at this stage complainant puts an applicationof sec.311 of cr.p.c. to call bank manager for evidence to prove the dishonour of cheque. Please quate latest decisions of high courts to disallow such application at this belated stage
Anonymous
28 September 2021 at 14:03
When Private Doctor can be called at Police Station in relation with Medicolegal cases
Vijay
27 September 2021 at 17:47
Hi Every one.
1. Sec 143A of of NI Act is Applicable from Which Date?
2. I have filed a complaint U/s138 of NI Act on 10-8-2018 can I claim Interim compensation U/s143A of NI Act?
Please guide
raju
27 September 2021 at 15:44
Witness was summoned for production of documents who is known to accused and case u/s 200 pending for evidence of complainant. My query is that can witness bring his advocate as his purpose is to only save the accused so that process of summons may not be issued u/s 204
Member (Account Deleted)
27 September 2021 at 13:51
Police has registered FIR for rash driving when I hit front my car, it’s just small hit bumper damage, as the other people came hit me, I called police before they came other party agreed to compromise with compensation but thr police registered case against me.
How to quash 279 against? Can police withdraw the case or it has to go trial and contest.
What are my options?
Anonymous
26 September 2021 at 19:33
What is the procedure when there's is no idea that a company has any movable or immovable property, how can the attachment of property u/s 83 of the will process?
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