james
04 October 2016 at 08:58
SC/ST Case--Case registered by SI of Police--First stage of investigation by CI of police including arrest of the accused-- then investigation by Dysp - finally by ASP(tainee) and filed charge.
1)Is it proper and accordance with SC/ST act and Rules.
2)As per rule 7 investigating officer to appointed by Govt or DGP/SP.Whether an appointment order is required.
3)whether a blanket order appointing all DYSP is sufficient? Rule specifies qualification for appointment
james
30 July 2015 at 20:18
Police filed a charge sheet against one accused and trial started.Charge framed and some witness examined.In the meanwhile Police filed a report us 173(8) crpc stating that the accused is not the real culprit and a new pereon arrayed as accused.What is the procedure to be adopted for trial- The existing trial and the new trial against the new accused?
james
25 July 2015 at 20:47
I enrolled as an advocate in the year 1987.Then i joined in govt service.Practice suspended as per bar council rules.Now i retired from service.The fee (resumption fee)to be remitted is 50000/ to state council and 2000/ to bar council of india.As per Advocates act and bar council of india rules all other fees,except enrollement to be decided by bar council of india (Subject to correction)What is the authority of State bar council to fix a like above?
Vijay Bali
21 January 2013 at 20:43
If in a criminal case filed u/s 156(3) of CrPC, 1973 - The Hon'ble Court, after the submission of status report which favors the contentions / allegations in the complaint, decides to proceed u/s 200 in the matter and the pre-evidence thus recorded, in the due course of proceedings also proves, in total the averments vis-a-vis allegations made in the complaint - do the Hon'ble Magistrate is justified in 'Dis-missing' the complaint at the stage summoning orders - the order being titled under the head 'Order on Summoning' - though this said order clearly specifies to the 'Averments / Contentions / Allegations' being totally proved in the pre-evidence.
james
21 January 2013 at 20:32
A criminal case is pending before the magistrate court for committal to sessions court. in the meantime Govt.issued a direction to the prosecutor at the magistrate court to withdraw the case.If such an application filed, what are the powers of the magistrate?
Raman
19 January 2013 at 22:17
Whether simultaneous complaint under section 156(3) can be filed?
Sir,
I have filed the complaint under section 190 read with section 200 of the CrPC which was checked and registered by the Metropolitan Magistrate and was put for pre summoning evidence for next month. The accused has committed cognizable offence which is non bailable
Whether it is correct to proceed under section 200 of CrPC as the accused will escape from the investigation done by police?
Whether I can move the complaint under section 156(3) without withdrawing the previous one in what manner?
james
29 July 2012 at 21:29
what will be the effect of the decision rendered by the supreme court in Pepsico holdings Ltd v State of kerala on the pending food adultration cases before courts
james
13 December 2011 at 22:22
Police party went to a shop to seize some
contraband from a shop.When asked by the SI
the accused stated that he is the owner of the shop.,After preparing search list materials were seized by police.
The accompanying police man deposed this fact before the court.The court disallowed
the question on the ground that the statement
is exculpatory.Whether the view of the magistrate is correct?
james
29 August 2011 at 20:12
Police seized computer hard discs related to a criminal case.Upon the request of the police these discs were sent to Expert for decoding.Expert filed report and discs in one sealed cover in the court office. On the next day accused filed application for certified copy.Magistrate opened the sealed cover without intimating bothsides and issued certified copy to the accused.Is the magistrate right in doing so?why?
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376 ipc
on 7-7-10 a Married woman went with a taxi driver and sexual intercourse in the vehicle in doggish style.Thereafter occassionally sexual intercourse at the woman s residence. Thereafter she married the driver and stayed at drivers residence.She left the drivers residence and filed a complaint u/s 376 ipc before court on31-1-13.Police arrested the accused and filed chargesheet u/s 376?Their marriage is nullified by family court.What is the scope dischage before Sessions court.Give supporting rulings also