vinod bansal
28 June 2009 at 22:37
Respected All
I have summoned in a non bailable offence in complaint case by the court of judicial magistrate,now i want to file anticipatory bail also wants to challenge this order without surrondering before trial court,now problem is this for revision& anticipatory bail before sessions court i required a certified copy of summoning order,but as i am not on case file till now & i does not want to surrender than how i can apply/obtain certified copy of this summoning order.plz advice..Thanks
J. P. Shah
27 June 2009 at 23:53
A fraud is committed in a bank branch. The matter is not reported to police. Is it legally binding on branch head to report the matter to police under IPC or CrPC? If he does not report to police, does he commit any offence?
Ladhu Ram Chowdhary
27 June 2009 at 21:03
Bail in bailable offence- procedure of -if the accused is prepared to give bail,the police officer or the court is bound to release him on such terms as to bail as may to be reasonable-Right of claiming trial in a bailable offence is an absolute and indefeasible right -Words of sec.436 are imperative and thereis discretion in granting the bail in bailable offence?
Ladhu Ram Chowdhary
27 June 2009 at 17:57
sec.378(i)&(iii)(After Amendment of Year 2005)-order of acquittal passed by a magistrate in a cognizable and non-bailable offence -Appeal against by complainant in sessions court lie or not ?
Ladhu Ram Chowdhary
27 June 2009 at 17:47
Criminal complaint alongwith application u/s. 156(3)-Conclusion of magistrate that police inquiry was not requried in this case -He directed to complainant for examination of himself and his witnesses -whether any illegality committed ?
Member (Account Deleted)
27 June 2009 at 16:04
Can someone furnish me the following citation (ENTIRE JUDGEMENT)
2007(2)MLJ(Cri) 1907 Mad Ramasamy & others V/s State represented by Deputy Superintendent of Police CCIW(gd) CUDDALORE
surender
26 June 2009 at 19:27
Dear friends,
I would like to seek your valuable advice on following matter:-
My father & mother were attacked with iron rods & lathis when they tried to rescue the neibour's 20 year son from a planned attack by other neighbours to kill him.My father & mother only tried to rescue him & not retaliated, but suffered severe injuries on head & a fracture on my father's hand. They were immediately hospitalised & with god's grace their life is now out of danger after stayiny 03 days in ICU. Based on medical report, a charge sheet has been filed against the attachers under section 307. But the police has not arrested them even when 12 days have passed. From sources, we come to know that the policeman has been bribed with RS. 01 Lakh for not arresting them. I request all members to provide me the legal advice and my future course of action. Looking forward for a valuable advice...Surender
Rujitha T.R.
26 June 2009 at 08:20
An accused is convicted with fine by the lower court u/s138 of NI Act, and he filed revision in hjgh court against the decision.Mean While the accused died.Is there any provision to realize fine from his property or any precedent cases?
AMIT TANEJA
25 June 2009 at 18:02
Jayasthan is a state in the Indian Union. Raj Prakash is the Chief Minister of the state. Mrs. Vandana Verma is a member of the Jayasthan Legislative Assembly. Though Mrs. Vandana Verma is member of the ruling party, she is a strong critic of the ruling party.
In April 2002 the state witnessed large scale communal riot. According to the news paper reports the riot was the result of a planned scheme implemented under the leadership of a religious fundamentalist group known as ‘Black Tigers’. Certain newspapers published the allegation that the Government had ignored the police intelligence reports about the illegal activities of ‘Black Tigers’, submitted in January 2002. The Opposition parties strongly criticized the inaction of the Government in preventing the riot and demanded the resignation of the Chief Minister.
On 8-9-2002 Vandana Verma informed the media persons that she had collected clear evidence regarding the failure of the State Government in performing the constitutional duty of maintenance of law and order. On 9-9-2002 while participating in a discussion in the Legislative Assembly Mrs. Vandana Verma quoted a report submitted by the Inspector General of Police (Intelligence) to the Chief Secretary of the State on 16-1-2002. In the report it was stated that the fundamentalist group ‘Black Tigers’ had chalked out a plan for promoting enmity and hatred between different religious groups in the State. It was suggested that the activities of nearly 200 black listed persons should be closely watched. The name and address and other details were included in the report. The names of two ruling party M.L.A' s were included in the black list. Two ruling party M.L.A s Mr. Sham Manohar and Mr. Jit Kumar strongly denied the allegation against them and alleged that the report of the Inspector General (Intelligence) was not genuine. According to them report was a document fabricated by Mrs. Vandana Verma. However, the Chief Minister confirmerd the genuineness of the report.
After the discussion Vandana Verma left the Legislative Assembly Complex and proceeded towards the Legislator's Hostel in a car. However, on the way the police stopped her car and she was arrested by the Deputy Commissioner of Police.
On 9-9-2002 Vandana Verma was produced before the First Class Judicial Magistrate and an F.I.R. was filed stating that she was accused of offence under Section 5 of Official Secrets Act.
During police investigation no evidence was received other than the fact that Mrs. Vandana Verma has received an intelligence report, which was a secret document. However on, 12-11-2002 police forwarded the final report and the charge was framed against her, for the commission of offence under Section 5 (2) of the Official Secret Act 1923.
On 20-11-2002 Vandana Verma filed a petition before the High Court of Jayasthan for quashing the Final Report of Police and thus charges against her, excercising the powers of the High Court under Section 482 of the Code of Criminal Procedure. The petitioner contended that the criminal case against her was politically motivated. It was further contended that since she had the privileges under Art. 194 (2) of the Constitution, no action could be taken against her.
One the same day a writ petition was filed by Vandana Verma challenging the constitutional validity of Section 5 of the Official Secrets Act 1923 on the ground that the provision is against the basic concepts of democracy including "Rule of Law", "Open Government", "Freedom of Information" and "Freedom of Press". It was specially contended that Section 5 violates Art 14, Art 19 (1) (a) and Art 21 of the Constitution.
The single Judges referred the petition to the Chief Justice stating that the issues involved in the petitions may be decided by a larger bench. On 29-11-2002 Chief Justice constituted a Full Bench for the adjudication of the petitions filed by Mrs. Vandana Verma on 20-11-2002.
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How to quash false 498a ?
Dear Experts,
My wife filed a false dowry harassment complaint on 31.01.09 against my parents,sister and me.We gotAB from High Court.Till now FIR not registered and I think in a few days they will do so. We are from Kanyakumari Dist.and marriage also held at same dist. on 02.08.04. After marriage we stayed at my house for one week,I returned to Chennai,my wife a Govt.employee returned to her works at another dist. After 8 months she got transfer and joined me in Chennai. She was with me from mar'05 toJune'07. She left me on 12.06.07 with my daughter and all her jewels and belongings when I was out of station on office duty. She also got her job transferred to KK Dist. Last December I met her and asked to comeback,but she refused. Now she falsely implicated my parents who never visited our house in Chennai and my sister now married, then stayed at Hostel in Chennai. Please give suggestions, Can I go for FIR quash (or)Charge Sheet quash in H.C. in case FIR is filed? Is there any evidence required for quashing FIR? Then please tell me what are the requirements? (Please note that the complaint was filed at Kanyakumari Dist. But after marriage my wife and I were living at Chennai till she deserted me.) Thanking you.