Nirmal Singh
23 January 2014 at 13:31
during investigation u/s 409 ipc it was transpired that complainant got good report in his ACR in 2001-2002 which was accepted by accepting authority. it was the duty of the accused clerk to place these ACRs IN THE ACRs FILE OF THE COMPLAINANT,but he deliberately AND KNOWINGLY ( THAT DGP will surely record adverse remarks against the complainant as the DGPis annoyed withthe complainant) send it to former DGP ( who was transferred to another dept.)who recorded adverse remarks(seen, his reputation is not good not fit for promotion a below level ASI )against the law, which was communicated to him while keeping in dark the signing authority about the rule that it it is against the service rule i.e next ADGP,without any approval from the competent authority and without ordered to do so. that he got adverse ACR during 2001-2002 due to thE ASI promotion was ignored time and again and he retired from service in 2005 as ASI, HAD THE SAME WERE NOT SEND TO former DGP for recording his comments and same were not communicated to him he can retire as S.I or Inspector. later he used theses adverse remarks in his defense when case u/s 409 was registered against the clerk and inquiry was conducted by S.P, NOW AFTER THE ARrEST THE CHALLAN IS BEING PREPARED AGAINST THE SAID CLERK A SENIOR ASSISTANT FOr MISAPPROPRIATING ACRs OF THE SAID ASI And OTHER RECORD..whether a case u/s 418, 420,468,469,471 IPC IS MADE OUT, AND CAN I add these section in the challan u/s 173 Cr,PC.? PL.SUGGEST
Nirmal Singh
09 January 2014 at 19:16
During the hearing of bail application u/s 438 Cr.pc in a case u/s 409 IPC, the court ask public prosecutor that whether misappropriation of Govt. official documentary record be considered as Govt property if yes then under which provision of law. so I request all the expert to give their precious suggestion. IN THIS CASE A CLERK MISAPPROPRIATED LARGE NUMBER OF OFFICIAL FILES AND DISPATCH REGISTER ETC INCLUDING ANNUAL CONFIDENTIAL REPORTS OF MANY EMPLOYEE. whether misappropriation of official record comes under the preview of 409 IPC.? can official record be treated as Govt property, and u/s CASE U/S 409 IPC IS MADE OUT ?
Nirmal Singh
25 December 2013 at 20:19
what is the legal value of anonymous complaints..? whether any supreme court judgement/authority on anonymous complaints, having baseless allegation without any even hidden fact....The accused of 409 IPC,arrested by me, after knowing the fact, I have completed investigation against him as he has committed an offence punishable u/s 409, 201, 166 IPC and I will recommend more and more departmental action against him including registration of another FIRs regarding misuse of his official position and misappropriation of official confidential record, and he can be dismissed from service. he started making anonymous complaints against me leveling false and baseless allegation...
Nirmal Singh
29 November 2013 at 22:51
The accused was given interim bail by the court with a direction to join investigation in case u/s 409 IPC reg. misappropriation of official confidential record as he was alone custodian of that confidential record.During investigation it was clearly established during investigation that he was entrusted wih the Govt. record and he remained custodian of that record from 2002 to 2008, he remained absent from official duty deliberately to avoid summon to produce record in the court under his custody ,then a committed was formed which took the record under its custody by braking open his almirahs. If we serve him an questionnaire in written ,then can we use his written reply against him, if yes under which provision of law.
Nirmal Singh
08 September 2013 at 13:31
what is legal value of crime scene reconstruction? whether it is admissible in law for reaching the logical end in the investigation....? what should be the ingredients in the crime reconstruction scene?
Nirmal Singh
28 August 2013 at 09:04
.In one important case Special Investigation Team has been constituted to investigate the case, as per order of Hon'ble High court. The members are(1) a Gazetted officer,who is 2nd head(2 I/C) of the dept. and has to do his daily official work(2) an Inspector of police who is well conversant with the law and investigation work (3) A Head Constable , reader of Inspector General of police, who is head of department, to whom the Hon'ble high court entrusted the investigation with a direction that he can form a special investigation team under his supervision. The Gazetted officer in-charge of team asked inspector to conduct investigation as his rank is of I.O and he himself is supervision officer of the team and has lot of official work in daily routine.whether investigation conducted by Inspector of police is as per law.? what he has to do as per law? he regularly informed the team members about the progress report of the case.Please comment and give further suggestions...Thanks
Nirmal Singh
25 August 2013 at 20:46
a young woman having minor child is living separately from his husband since last 10 to 11 yrs. the husband income is only 6000/- per month as he is a driver of a petrol pump owner.the woman is dependent on his father's support.Her father-in-law has a huge property worth 2 crores rupee.10 years ago her husband gifted his house to her after a panchayati divorce. her father in law expelled both of them from property right through affidavit.both filed mutual divorce twice in the court but the court rejected divorce on the ground that her son be given share of his father's property. how the woman can gets her son's share from the property of his father or grand father...?please suggest accurate procedure...
Nirmal Singh
22 August 2013 at 18:47
what is definition of 170(2) Cr,PC.? what is the simple procedure under this section...what can I.O do under this section...pl. tell the simple way
Nirmal Singh
14 August 2013 at 15:28
a retd. police officer filed an appeal before competent authority under RTI act and sought copies of his ACRs. it was transpired that his ACRs were missing . an inquiry was ordered by IGP which was thoroughly conducted by Supdt. of police . The SP fixed the responsibility of a clerk and case u/s 409 was got registered by the Inspector general of police by writing a memo along with documents to the SSP.at first instant the cancellation report was presented in the court but the the said retd. police officer who is only applicant/appellant under RTI act and never blamed anyone for his missing ACRs in his appeal to competent authority under RTI act,made a statement before court that he do not agree with the cancellation report.later the same applicant filed a writ in high court and the High court transferred the investigation. now during fresh investigation under high court order, a notice was served upon to applicant under 160 cr.pc. but the applicant refuse to give statement under 161 cr.pc rather he made a written singed statement admitting the fact that he made an application under RTI act, but he is not a complainant rather it is IGP POLICE, who wrote memo to SSP for registration of FIR.( He is a formal witness, and his only statement is that he submitted an appeal and sought copies of his ACRs which was not provided and FIR was got registered.he identifies his signature ) ....now what should be next course of legal action in getting his statement under 161 cr.pc.whether at the time of presentation of challan we Can maKe an application to call him under section 311 cr.pc or whether we can make the concerned Govt official as witness to whom he submitted his signed statement.how can we record his statement under section 161 cr.pc,
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Second marriage without divorce
a widow woman constable who got compassionate job after the death of her (Head constable) husband in Police deptt.got married with a person 15 years younger to her age.on her request the Police deptt. had stopped her family pension. this was the first marriage of her husband who has no income and is drug addict. he took money from the woman constable and got constructed house in his native village. he used to beat her that's why she shifted to the place of her posting in a city.after a gap of 7/8 year her husband got second marriage without giving divorce to the woman constable. on Sunday a baby boy was born from his second wife.what action can be taken against the husband and his family? under which section criminal case can be got registered..?? on the other hand the husband filed a civil suit i the court with a prayer to direct the woman constable to live with him as his legal wedded wife the court fix 6th Nov. 2015 as next date of hearing. he concealed the fact of his second marriage with giving divorce the woman constable..