LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jagan Mohan   03 September 2018 at 08:53

Protest petition against police closure report with jm

Dear Experts,

I had filed a police complaint for a cognizable crime through the SP (the police initially refused to entertain it).
The crime was against three people who had written derogatory messages on WhatsApp that was both defamatory (IPC 499) as well as insulting the character, morality and chastity of some of our women office members.
THe Complaint was registered, but instead of IPC 509 that we complained under, the police insisted (based on their consultation with some retired Public Prosecutor and his advice), on filing the FIR under IPC 294(b) and IT Act 2000, Sec. 66 (which I had pointed out to the Police that it was repealed by the SC - they did not listen).

The police did a shoddy namesake investigation and filed a closure report with the Judicial Magistrate that no case could be made out. I do not know the details of that report.

I received a notice from JM to show cause why the investigation must not be closed based on the police report. I have to report before 6 Sept.

My questions are:

1. I understand that I can file a protest petition against the shoddy investigation under Section 190(1)(a) of CrPC. However, before I file a protest petition, can I ask for a copy of the police report along with all the evidences and notes collected by the police so that I can precisely understand and counter that closure report? Under what section would this petition be filed, please?

2. If I file the above petition requesting for a copy of the police report and all other investigation material relied upon by the Police to arrive at the closure report, can I ask for an extension of time to file the Counter petition against the closure report?

3. Most Importantly, in my protest petition, Can I ask the Magistrate to add the correct IPC Sections (IPC 509) under which I had made the Complaint?

4. I understand that I cannot demand for specific police or station to conduct the investigation, but the police at my station are very inept at understanding social media, whatsapp, etc to an extent that they are ill equipped by training, access to technology and equiptment to conduct the investigation properly. Can I seek for the investigation to be handed over to the cyber-crime or atleast ask the JM to direct the cyber crime unit to assist in the investigations?

5. Lastly, can I ask the JM to monitor the investigations (I understand the JM cannot conduct the investigation unless it is a complaint case).

Also, can anybody suggest a good CRIMINAL prosecuting Lawyer at Cuddalore and/or Pondicherry, please? (If this is ok with the rules of this forum).

Thank you, sirs, for sharing your most valuable expertise and time.
Most appreciated.

finpro consultants   03 September 2018 at 08:37

Accounts provided by pvt co

Dear Experts,

I am a minor shareholder of a private limited company and have received AGM Notice with Annual Accounts of the Company through EMail. My querry is :- a) Can I ask for Signed Hard Copies from the Company b) Can I ask the Company to provide me more details about Balance Sheet items such as List of Sundry Creditors/Debtors and P&L items such as list showing details of to whom how much salary is paid, to whom how much commission is paid. c) If I can I communicate my qurries on accounts, when & how I can raise such querries.

Abhinav   03 September 2018 at 00:19

Regarding validation of distant degree done with regular deg

Respected sir ,
I started to pursue engineering in session 2014-17 through lateral entry after diploma.in 2015 I have taken admission in ignou for 3 year b.a. program having session 2018.but in jan 2017 I discontinued my b.tech due to financial issue and hence not get the degree.but completed b.a. course in 2018 successfully .recently I came to know that according to ugc it is not valid to do 2 degrees at the same time either from regular or distant mode.can this provision effect my b.a degree validity.? if it is so then I have not completed my b.tech sir and I also become unable to use my b.a degree.plz help me sir and give your legal advice so that I can feel the relief.thank you

Anonymous   02 September 2018 at 22:31

Police verification for govt job

I have been fined by a railway court,of a remote location, now should I mention this in the bio data form for govt job where it is asked if convicted/fined/arrested by any court of law. If I am going to mention it I'm sure I won't get selected and if I don't mention there's a chance I could get my dream job, so please tell me what should I do. Should I take the risk , what are the chances of getting caught in the police verification. Please answer as soon as possible.

Antony   02 September 2018 at 21:36

Immovable property in joint account

The immovable property in Bangalore is in joint account of myself and spouse and my spouse passed away recently. The spouse has left a will bequeathing all items including the immovable property to me as we have no issues. To mutate the property in my sole name what should I do? Is Probate of will required?

Anonymous   02 September 2018 at 20:46

Report u/s 202 of crpc by police after investigation

AFTER THE MAGISTRATE DIRECT A INVESTIGATION BY POLICE OFFICER, ON FLING A PRIVATE COMPLAINT BEFOR HIM FOR OFFENCE U/S 420 IPC . THE POLICE SUBMITS ITS REPORT AND STATE THAT NO OFFENCE COULD BE SEEN OR GIVES A NEGATIVE REPORT.
WHAT IS THE FURTHER PROCEDURE / STEP TO BE TAKEN BY THE COMPLINANT OR BY ADVOCATE FOR COMPLAINANT.
NOTE: THE WITNESS REQUIRED TO BE EXAMINED WAS NOT EXAMINED AND ONLY STATEMENT OF APPLICANT / COMPLINANT AND ACCUSED WERE RECORDED AT POLICE STATION.

THANK YOU

Rekha   02 September 2018 at 20:38

Divorce

I am applying for divorce case.. it must be filed by my lawyer within 2 or 3 days.. as she is preparing for the documents.. kindly let me know what is the next process.. i have requested for injunction for him to enter the home in which myself and my kids stay... i want to know stage wise process..

Bharati Agarwal   02 September 2018 at 20:05

Resolution professional under ibc - his scope of resolution

I am a Third Party Guarantor & Mortgagor towards the NPA of A Pvt Ltd Company which is at the verge of having a RP appointed in the Application under IBC by the lending Bank.My guarantee/Liability Is Limited to My Property allowed as Third Party Mortgage.The IBC Application if filed by Bank against the borrowing Pvt Ltd Company in which the Bank has given description & Value of the Company"s Stock, Receivables etc and also description of My Property.I am not a party in the Application.The Bank"s application is also pending against the borrowing Company and myself at DRT level.I have question, which even the practicing RP is not able to answer in clear terms...
01) Whether the RP so appointed, shall deal with the Due Amount and Assets of the borrowing company only Or RP will also have power to deal with my Assets.
02) the statutory moratorium of initial 180 days shall apply to me at DRT level ?
The Advocate attending DRT says that as per latest position, the RP shall only deal with Corporate Debtor,i.e. the borrowing company and the moratorium shall apply to the corporate debtor only and DRT shall continue to deal with me as a TP Guarantor., whereas the practicing RP opines that since they have to deal with the corporate borrower, and the guarantor also fall under defination of borrower, they shall deal with the Amount Due, Assets of the Corporate Debtors and of the Third Party Guarantor, both.
See DRT level is dealt in by Legal Professionals and NCLT proceeding under IBC is practically being dealt in by CAs and CS, and both have different opinions....

Opinion & Clarification is requested .

Thanks & Regards

Kamal Kamal   02 September 2018 at 19:27

Dadi's "will"

3 brothers and 3 sisters. Area Delhi.

All 3 sisters are married and settled.

2 brothers are married and settled.

1 Brother(divorced long ago) is living in heritage house. His Name is Anuj.

Mother (now no more) Made "WILL" . Mother gave the whole house to Anuj Who is
already living in that house. WILL is Notarized.

In the WILL, it's specifically mentioned that the share of the 3 sisters have been given at the time of their marriage.

Now the Questions :

1. Can mutation be on Anujs Name on Basic of the WILL.

2. Do we Need NOC from all 3 sisters and rest 2 brothers.

3. Is the WILL challengeable ?

4. What is the process to get the selling rights for Aunj. (in Delhi)

5. What is the "Notarized WILL" leagal status/power ?

Thanks in Advance.



aman   02 September 2018 at 19:18

Need of bail before the judgement

We are in a family dispute since 2012. in which my father had filed a criminal case against my elder brother ,his wife , and his in-laws, u/s 452,323,504,427,147 ipc after this a counter case was filed by my brother�s in-laws u/s 498a,324,323,452,504,506 IPC against my father ,me and my elder brother also, during the investigation my brother�s wife gave an affidavit to police that she doesnt have any problem with her husband(my brother) so police filed chargesheet only against my father and me.we are on regular bail since then ,on the ground that we are not the main accused.
Now we have reached in a compermise state and my father has given statement in court that he wants to take back his case ,similarly my brother�s wife and his in-laws have given their statement in court that it was a misunderstanding and we also want to take our case back. Now our advocate is saying that before the judgement of court we will have to take bail again u/s 437 crpc. Is this correct or not please guide.