Criminal Law queries

Uday Kumar 02 October 2014 at 13:19

Notice framed u/s251crpc hence discharge application u/s245(ii) is not maintainable

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

Continue

jagjit singh 21 February 2014 at 19:31

Discharge and bail

SIR, IF SOME IS CHARGSHEETED UNDER 498A, 313,506,504 AND 3/4 DP ACT, AND HE WANT TO FILE THE DISCHARGE APPLICATION BEFORE FRAMING OF CHARGES THEN WHEN HE HAS TO APPLY FOR IT, ON THE DATE WHEN NOTICE IS ISSUED BY THE COURT OR BEFORE THAT, AND HE HAS TO APPLY FOR THE BAIL OR DOSES NOT REQUIRED TILL THE DISPOSAL OF CASE.

Continue

AMIT KUMAR SHARMA 07 February 2014 at 16:48

Fraud police case (urgent)

Dear Sir,

My friend was arrested by police in a case of “ladi jhagda”. He was detained for three days without warrant. After three days I went to police station and ask station in charge that why he has not presented before magistrate. Station in charge arrested and beaten me in the police station and threat me to make a fraud case “sarkari kam me badha dalna”.

He has seas my bike also and cut a fraud challan that “Koi kagaj nahi h” and “Hastakshr Karne se mana kiya”.

Kindly help me. What action I can taken and how can I release my bike from RTO without penalty.

Can I take any action against police to threat for fraud case and beaten in police station and another for challan.

Can I go to National Human Rights Commission. Can Commission help me in this regards and other solution.

This was happened on 11.10.2013. Now police officer has case me u/s 332,353,323,504. Can I take bail easily? what ground I can mentioned in the bail request so that I can get the bail easily.

Kindly help me and let me know some way to be save. Am i do case on police officer for grievous hurt, fake case, defamation etc.

kindly guide me urgent.

Continue

Anil Nair 06 February 2014 at 17:32

Delhi police avoid to file fir against forgery

A complaint was filed by RWA president against my company CEO’s wife who is working in a central government hospital and an office memo was issued by the hospital on basis of the complaint.
Upon query it was understood that the complaint was signed by 5 office bearers of RWA and found that three of the member’s signatures were forged by the President. Hence a complaint was filed in Police Station with supporting documents of victims whose signatures were forged.
Police took the statements of three witnesses whose signatures were forged. Our complaint is still pending since 22nd Feb 2014 and they hesitate to file the FIR. Please inform what next, can we go to jurisdiction?

Continue

aap 07 January 2014 at 16:10

498a fir quashing

dear members
wife filed 498a case on me and all my family members ,now the compromise has done in mediation cell of high court
so my question is

Q1 based on mediation agreement will my fir will be quashed or not
Q2how much time will it take to quash fir based on compromise agreement

thanks

Continue

Neha 02 January 2014 at 16:41

Can we appeal against a bail oder passed by highcourt

I am from the victim's end and want to know that if after the arrest of the accused, lower court dismissed his bail, but high court allowed it and he is released, can we appeal against his bail orders. if yes then what is the procedure?

Continue

Rizwan Pathan 20 December 2013 at 16:07

Remady against fake compaint(fir)

Dear Sir,

Recently against one of my friend fake FIR Lodged under IPC 324 and 436,now as IPC 342 in non bailable , what legal steps should be taken, Further in this quarrel opposite party used abusive language and sexual remarks to her family ladies and also injured one of her sister.

Now my quarry is

1. What legal actions my friend can take against fake FIR, is he re lodge FIR against this?

2. Under which IPC Section his FIR became more strong.

Awaiting for your responses.

Thanks & regards,

Rizwan Pathan

Continue

GIRI PRASAD SARMA 12 October 2013 at 16:30

Sir, 138 ni act , i was convicted in lower court

i was convicted in lower court for 1 year prision and 11 lakhs penaulty...on 6th September 2012., I was escaped from court., and my advocate applied for CA copies, but not given by the same court, and ordered either arrest or surrender in the court, then only CA copies will be issued.,
a complaint lodged for my escape from court in local police station, they are arrested me u/w 224 section for escape , it is bailable section., I got bail and come back...but, for appeal in district court we want that CA copy, I am goving to surrender before lower court shortly, after court vacations , after surrender if they issued my judgement copy , what is the time limitation for appeal ? in district court ?

Question is : Judgement copy not received and escaped from court on same judgement day... Hence , for appeal from date of judgement date or from the judgement copy received date ? which is valuable for appeal in district court is the matter. pl clarify....

Sarma

Continue