AMAR RANU
14 March 2015 at 17:57
Recently, a trial court and an appellate court,in revision,has dismissed a discharge application,filed in a summon triable case in section 500 of IPC case of 2006.
The said process is not maintainable and it is without jurisdiction also.
Both the said courts have refused to see the merit of the discharge application,filed by accused and have concluded that since plea has been recorded,discharge can not take place.
Whether it is possible now to challenge the said process itself before High Court,which was issued in 2006?
Any limitation or other technical issues,which may crop up because except for plea recording,nothing has progressed in the trial court so far.
Victor Khanna
09 February 2015 at 22:00
Dear Expert,
A false & frivolous criminal case has been filed in the Magistrates court. The accused are senior citizens and the complainant is their son. The complaint is u/s 420, 406 & r/w34 of IPC.
The judge has issued asked the local police station to investigate u/s 202. As usual the police have filed their report without going into any detail and hazily confirming the complaint.
The judge has taken cognizance of the complaint and issued summons to the accused. The evidences submitted along with the original complaint are totally bogus and in no way connect to the complaint.
At present the court is recording evidences before framing charges. The complainant has stood before the judge & given his evidence. He is the primary witness and has given his evidence. The story narrated by the complainant is absolutely farcical and has no material evidences to support. In short it is merely an unfounded allegation.
I would like to know if we can we file application u/s 245 and or u/s 258 for discharge and acquittal before court? How does the court treat such kind of application? Any important suggestion how senior citizens can get relief from undue harassment?
I would like to know if the complainant has filed case u/s 420, 406 and r/w34 and for which summons have been issued; is it a summons case or warrants case? Can we file discharge u/s 245(2) & u/s 258?
Your valuable suggestion will be highly appreciated.
AMAR RANU
20 December 2014 at 18:14
Recently,a metropolitan court, in a summon case, has rejected a meritorious discharge application of a accused on the sole ground that plea recording has been done.
What can be the remedy in such a situation?
If revision is filed,what can be the the tenable and legally sustainable ground in the light of recently-settled law on this subject,if any?
AMAR RANU
26 November 2014 at 14:33
Recently,a magistrate trial court has rejected a discharge application on the ground of "premature" made u/s 245 immediately on the completion of pre-charge evidence and secondary evidence.
When exactly such a discharge application should be made?
What is the remedy now?
It is understood that magistrate wants that cross of the complainant is required,which the opposite party has not done and filed above said discharge application.
Whether it is compulsory under the law to complete said crossing of the complainant without which no discharge application can be entertained by the trial court?
AMAR RANU
08 October 2014 at 17:58
whether additional list of documents by the complainant, in a private complaint case, can be filed after secondary evidence and examination-in-chief is over.
If yes,what is the procedure?
Can accused also file discharge application u/s 245 of Cr.p.c at this stage?
Uday Kumar
02 October 2014 at 13:19
Accused filed a discharge application 245(2)CRPC before magistrate however same was dismissed as not maintainable as Notice U/S 251 has been framed.
Please suggest what next remedy we have
With Regards
Uday Kumar
Adv. Hemant Bhand
13 September 2014 at 18:36
Hi Experts,
I am practising lawyer from pune and intends to file a discharge application in rape case. My case is totally depend upon consent theory. Please support the answers with case laws of hon'ble apex court.
Regards
Adv. Hemant Bhand
Pune
AMAR RANU
19 January 2014 at 15:35
Dear Hon'ble Experts,
A criminal court has issued the following process order,which does not make any sense.
“Pursued complaint verification document. Complainant was promoter of society. He opened an account in private bank and without authority and misappropriated some of the amount. There is no aspect of cheating as such. Issue process against accused u/s 406 of IPC”.
As per the aforesaid process order,the Magistrate is blaming the COMPLAINANT and issueing the process against ACCUSED.
In view of the above,what is the remedy before Accused?
Whether it can be quashed by appelate court
and on what grounds.
If some authority is available involving abovesaid grossly defective and self-contradictory process and its quashing on the same grounds by any High Court and the same please be made public here in the interest of justice.
thanks n regards
A.M.Ranu
SAM
06 June 2013 at 13:24
Dear Sir,
Can a member of the society who is out of the country appoint someone as the associate member?
If yes, then whether it is necessary for the share certificate to be signed?
Can we just sign the Form No. 7 for associate member and can that associate member be allowed to vote in an Special General Meeting?
Thanking you in advance.
Regards,
Sommu
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Illegal change of cause title of a pending private criminal complaint l
A private criminal complaint was filed in a metropolitan court in Mumbai in 2006 by a corporate body through its chairman with its own name as a complainant v/s somebody but in 2016,the said criminal court passed a order on the application of the said complainant to lead secondary evidence and changed the cause title of the order copy .Thus a corporate case has been turned into an individual case.
Since the new cause title of the said order is not in consonance with the said pending proceedings in said criminal court,it is not possible to challenge the said order in revision or in a writ before high court.
Meanwhile,a new Magistrate has taken over.
What is the remedy ?