sachin sethi
03 December 2014 at 18:30
In an interesting case under section 292/384 IPC a lawyer after 5 days of appearing on behalf of defense was cited as a witness of recovery of some articles by the prosecution and later on examined as a witness in the case on behalf of prosecution.......now though not ordered so far by the court yet the prosecution wants the defense counsel to relinquish his vakalatnama at the stage of final arguments by way of filing an application......
Now my queries are:-
1. Whether the application of prosecution is hit by section 303 cr.p.c. and article 22 (1) of the constitution denying the accused to have a lawyer of his choice when he wants to continue with same lawyer.....
2. Whether in such a situation it will amount to professional miscoduct on the part of defense counsel, (especially when he has deposed truly in the evidence) to continue with the case......
3. I have a citation reported in AIR KERALA 1989 Pg. 244 on this aspect that it is neither the professional misconduct nor does the lawyer need to relinquish his vakalatnama......please quote any other rulling specifically on the same point........
Thanks.....
sachin sethi
03 December 2014 at 18:25
In an interesting case under section 292/384 IPC a lawyer after 5 days of appearing on behalf of defense was cited as a witness of recovery of some articles by the prosecution and later on examined as a witness in the case on behalf of prosecution.......now though not ordered so far by the court yet the prosecution wants the defense counsel to relinquish his vakalatnama at the stage of final arguments by way of filing an application......
Now my queries are:-
1. Whether the application of prosecution is hit by section 303 cr.p.c. and article 22 (1) of the constitution denying the accused to have a lawyer of his choice when he wants to continue with same lawyer.....
2. Whether in such a situation it will amount to professional miscoduct om the part of defense counsel, when he has deposed truly to continue with the case......
3. I have a citation reported in AIR KERALA 1989 Pg. 244 on this aspect that it is neither the professional misconduct nor does the lawyer need to relinquish his vakalatnama......quote any other rulling spe
sachin sethi
20 April 2013 at 18:54
A girl filed a criminal complaint under section 498-A IPC and her request under section 156 (3) Cr. P. C. was allowed and an F I R was registered in the matter. But before accused could have been arrested, they entered into compromise with that girl and obtained affidavit from her, and submitted the affidavit before Superintendent of police. The girl also returned to her matrimonial home and the F I R has now been cancelled by the police but the same is yet to be submitted before the concerned court..
In the meanwhile the girl is again turned out of her matrimonial home, with no chances of reconciliation, and she again filed a criminal complaint before the concerned court, mentioning all the previous occurrences and registration of F I R etc. along with fresh details and additional accused and with a prayer under section 156 (3) Cr.P.C. for registration of case. Now the concerned court is insisting that two F I Rs in same matter can not be registered however the court has sought the status report of previous F I R and it is clear before the court that police has cancelled the previous F I R. Now my queries are:-
Whether in the above mentioned circumstances registration of F I R upon complaint (which is second in point of time) is permissible, especially when fresh detail, occurrences and additional accused are there..
Whether there is any case law/precedent in in this is regard, where such a request has been allowed..
sachin sethi
31 January 2013 at 08:48
In a petition u/s 9 of HMA 1955 filed by husband, the respondent wife on the very 1st date of her appearance compromised with her husband, and filed a written compromise Exhibit c-1, in the court as well as got recorded her statement to the effect that she is ready and willing to join the company of petitioner husband...in these circumstances on the basis of compromise petitioner withdrew his petition. But since the day of compromise she never turn up to join the company of her husband.. Now my query is::--1. Whether a compromise between the parties (when the petition has been dismissed as withdrawn) is executable as a decree or otherwise by the help of the court.. If yes please refer any judgment in this regard........2. Or in alternative should petitioner again file a similar petition...
sachin sethi
08 July 2012 at 11:46
whether cross cases arising out of one F I R can be disposed off by a single and common judgment. i have gone through the case law in this regard but all the judgments speaks of decision by two separate judgments...however I require a judgment that cross cases can be decided by a common and single judgment.. Please quote the judgment in this regard..
Upendra
11 May 2012 at 10:54
My Wife has filed 498A & is threatening & demanding 30 lacks to withdraw the case. We have no problem's with the 498A we are contesting the case. I have enough evidence to get acquitted.after we have filed all our evidence's she realized the obvious that the 498A case will eventually be dismissed & we (My father,mother & my self)will be acquitted on merit.
Now she has filed another case MC under CrPC 125. she has used another C/O address(her relative's address) to bring the jurisdiction of this new case into another court. On enquiry i have found out that the magistrate of this court is a distance relative of her's. the magistrate herself is acting on her directions. the magistrate herself is a interested party in this case (though i cannot prove it).
The way the magistrate is behaving in the court i can see that, even if I submit all the evidence's I will not get any justice from here.
I have applied to transfer the case to the court where 498 is running (within the same district hence applied it in the district court)but the district court judge is on leave.
On knowing about the transfer petition this magistrate is hell bent on finishing the case & reading the judgement in my wife's favor, before the district court judge returns from his leave.
now she is placing adjournments Every week while the usual practice is every month.
Even if I go for appeal
I cannot place any new evidence, or cross-examine the witness during appeal (during appeal only arguments with already recorded evidences).
This magistrate would have recorded the evidences in such a way that i will not get any help even in case of appeal.
I don't know what to do.how can i be saved.
IK
10 May 2012 at 19:40
To
Advocate.
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std in a boy’s college and very popular sportsman in the college. His birth year is 1984. In the year 2003/04, the boy (Muslim) used to go to tuitions for 12th Science Subjects. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college.
The Boy family background is good. His father is well respected Educationist, local Politician and Mother is also Professor. They resided in a good area in Bangalore.
The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends.
The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Once, she told to him that her father use to beat and hit her always. We came to know because of the girl character her dad use to beat her.
She started asking financial help, like some money with the Muslim Boy. He gave some money without knowing his parents. Once he tried to avoid, but again and again with flattering talks she used to approach him.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him.
One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally. They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him to run away from their homes. She told him to get money. He used to give her some money he gets from monthly pocket money.
Unbearable she forced the Boy to take a separate home for her. Because her father always beats her. So, he paid some money to her. She taken a Room in her Name.
Then she told that she is not able to stay without him or else she shall trouble him and told that she will trouble his younger brother. Now the Boy got scared to inform the parents. So, he ran away from his home. He taken a bike on loan, and use to work in telecom marketing office. His opened Bank account for his salary purpose. He discontinued his studies.
Now the Boy’s parents came to know all abouts. They tried to convince but because of pressure from her, the boy was afraid to get rid.
But the Girl’s Mother use to go to her rented home and was trying to give trouble to the Boy. Also she use to make plans to give trouble to his parents and sweet brother. The girl use to fight continuously with him.
But after sometime, the Boy realize that he is not going in proper direction and there is nothing to get afraid of anybody. So, he decided finally and rejoin with his parents. And after this there is no communication with anyone.
This is how it happened.
The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies.
Now the Case,
1. After longtime, Once the Girl and her Mother called the boy’s father and demanded money. The boy’s father immediately given a police complaint in local police station.
2. Also once she and with someone came to our office and demanded money. Again we given a complaint in the local police station of our office area.
3. Then, She given a complaint stating that the Boy use to hit her and the Boy’s Father, Mother and younger Brother(of 16 years) use to threatened her for Dowry and life threaten.
3. She made a complaint addressing to Police Commissioner and it was forwarded to police jurisdiction where our Office was located. A police constable came & met the boy’s father and he came to know the facts about these incidents.
4. But suddenly, they Registered a Complaint in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality. The Police without investigating registered the FIR. Now they put pressure on the police to arrest the Parents. The boy’s parents taken Bail and was attending the Court.
5. The Police have registered as 498A, 506B under DP Act in year 2006.
They have mentioned some witnesses like her mother, brother, some unknown persons also for creating the complaint.
6. In starting complaint she puts her name Bhavani alias Tahseen (Muslim name). It looks like she got converted to Muslim. Its confused
7. The Boy’s Name as Imran alias Rajesh (Hindu name). Its looks like the boy converted to hindu. Its confused. [Anyone must convert the religion legally to get married, not inter-change].
8. They Boy didn’t legally converted his religion at all. Even the Girl didn’t legally converted her religion. No Proof of conversion.
9. She stated they are married as per Hindu Rituals. Photos in Temple taken. But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority.
10. The Age of Boy was 18 years and the Age of Girl was 18 year also. But as per the legal age to married the Boy must be 21 years.
11. But the Police registered as Dowry only seeing the photos.
The materials the Girl is having is:
a) Photos taken in the Temple
b) Photos taken outside.
c) Bank Passbook of the Boy with his Original muslim name
d) Bike loan paper of the Boy with his Original muslim name
e) Rental Agreement but in the Girl’s name.
To the Court, She only submitted the Photos taken in the Temple not others.
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. Complaint Registered in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality.
6. Never the parents asked for anything.
7. Little different from the first complaint to police commissioner.
8. No religious conversion taken place on both sides.
* * * * * * * * * * *#########
Kindly provide your legal opinion with this regards.
(i) Can this case stand valid?
(ii) On what ground can this case will be remove or invalid?
(iii) What are the terms, this case can be invalid?
(iv) Are they any judgements or citations. Please provide.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
sachin sethi
22 April 2012 at 12:18
A girl belonging to scheduled caste married with a boy of general caste....it was a runaway love marriage....After marriage the bride lodged an FIR against husband and his family under section 498-a IPC along with section 3 of Scheduled Caste & Scheduled Tribes Act....
Now my query is that whether such a prosecution can be maintained under section 3 of SC & ST Act,, by the wife against her in-laws,,,especially when the caste of girl changes in northern India (as a custom) after marriage...
(However the law regarding reservation in such a situation is that the girl can claim reservation,, but in this particular case the issue is maintainability of prosecution in the afore said act..)
Moreover the alleged atrocities have been allegedly committed in the house of husband and not in a public view....
Can the accused be discharged u/s 3 of SC & ST act only,,,upon the arguments of absence of public view...
Anonymous
17 September 2011 at 17:44
Whether against discharge of accused (in a warrant trial upon private complaint) by Magistrate,,revision petition u/s 397 crpc is maintainable...plz refer some case law in support of maintainability of revision..
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