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Kumar Krishan Agarwal Advocate   01 January 2016 at 18:48

Is judicial magistrate has power to dismiss local police of jurisdiction.

Dear Ld Friends

I made a below compliant against the Biased Police Officer who is investigating my matter and arrest was made and fled the accused from police custody on consideration. Is the Magistrate has the powers in any Indian Laws to take action against biased Police Officer of the State.

Case filed before Magistrate as

Complainant name VS State of UP

What the Other relief and how way I may approach to Magistrate court CJM for the removal of the SO from his police job permanently.


Complaint as follows:-


APP. FOR “SUSPENSION & DISMISSAL” OF THE BIASED
GOPAL CHAUHAN (S.O) 9984215021 & 8738991180
OF THANA CIVIL LINES, MUZAFFARNAGAR.

ART. 350 OF THE CONSTITUTION OF INDIA
+ PUBLIC SERVANTS INQURIES ACT 1850
+ S. 7, 10, 11, 12 13, OF - THE PREVENTION OF CORRUPTION ACT 1988.
+ S.4, 9, 11, 15, 28 OF - U.P GOVERNMENT SERVANTS CONDUCT RULES 1956
+ S.34, 109, 119, 120B, 166, 167, 177, 182, 193, 196, 199, 203, 211,213, 217, 218, 219, 500, 506, 511 - INDIAN PENAL CODE 1860.

Resp Sir,
1. That a legal complaint was registered at Thana Civil Lines, Muzaffarnagar at Crime 478/15 of incident dated 31.08.2014 on their General Diary 10.03.2015 under Sec 34, 323, 327, 356, 392, 403, 427, 447, 506 thru Muzaffarngar Magistrate Court orders into which necessary arrest was made on dated 27.12.2015 and I bore private expenses of Rs 10000/- Ten Thousand paid by me Mr KK Agarwal Advocate himself to Gopal Chauhan for journey, Vehicle and eating expenses and other expenses with police team went to Rishikesh, Uttarakhand and one accused living at Saharanpur, but after that arrest at city Rishikesh the accused Anil Kumar and his wife Usha got fled from the legal system adopted by the major corrupt police officers/public servants deputed at Thana Civil Lines, Muzaffarnagar with the criminal conspiracy planned by Gopal Chauhan SO malafide personal ulterior motive who had taken part in investigating the matter for consideration took from accused and used me as a ATM Machine to pay expenses for reaching out to the accuseds at Rishikesh on my Expenses and then make a heavy illicit money amount extract/elicit from the accuseds and make my Solid Case weaken by removing the “non-bailable Sections 327 and 392 removed” himself and gave direct illicit bail in the all sections in Thana Civil Lines himself and turned the case into a simple and normal case of incident and help the accuseds for saving the legal punishment of law. That the sections 327 and 392 IPC were ordered by the magistrate Court and cannot be removed or break out till the Magistrate court not take legal action on the submitted charge sheet. The Arrest was made in all sections including Sec 327 and Sec 392 at Rishikesh but when he took bribe and consideration from the accuseds he himself act as a Magistrate and took advantage of the situation and did illegal act under the Indian Laws for not taking remand application moved by the Arresting Officer before Magistrate. Copy of the FIR 478/15 attached below.

2. That the arrested criminal in night on dated 27-12-2015 were removed from the Police custody of the Thana Civil Lines inside and were stayed at the local Hotel nearer to the Thana Civil Lines at city Muzaffarnagar and in the morning again put back to the Thana Civil Lines for showing that the accuseds were in the police custody. That the whole incident of crime shows that the major police officers are working for just illicit money and supporting Hard core criminals and spreading heinous crime in the society. That these type of police officers are an abuse on the U.P State Police service and will be removed and sack out immediately from their public servant services for saving other peoples life of India.

3. That at the time of Arrest the accuseds Anil Kumar and Usha had beaten me with their relatives Sanjeev Goyal, HariMohan and Meenakshi Goyal etc and accomplice supporter in perpetrated crime at city Rishikesh towards me but the Gopal Chauhan and his police team not stopped any one of it and they did new crime perpetrated against me. That the Gopal Chauhan and his police team with accuseds had ran away with the Private hired Boolaro without me and after that I came alone thru Roadways Bus thru Rookree at my city Muzaffarnagar.

+ PRAYER +
Hence it is humbly request to you kindly suspend immediately the Gopal Chauhan SO and may take further legal action for the complete termination and dismissal of this corrupt and biased Police officer for the UP State Police Service so that in future no further this type of incident may happen to anyone aggrieved and complainant citizen of India in UP State in any cases. The one dirty fish makes all pond dirty and this Gopal Chauhan is the same dirty fish in UP Police service.

deepa   01 January 2016 at 18:16

Visitation rights

Sir,
I have a daughter aged 7 years. We are going for 13 (1) A divorce from my husband who is severe alcoholic. Now he has been diagnosed for end stage renal disease: advised for kidney transplantation, liver also damaged. He has not paid me any alimony also. In future he is not in a position of survival also. The problem is in mediation he is forcing me to take my daughter to his place for visitation. Is it right on his part to ask like this. My question is sir first of all I am unemployed, he is not having income nor healthy, why should I take my daughter to his place for visitation. Since 3 years we are seperated, he never asked for seeing her then. Now that he is going to divorce me he is shamelessly asking me to bring my daughter to his place. My query is
1. Can I not deny visitation for such cruel husband.
2. Is there a rule in supreme court that I should take my daughter to his place for visitation.
3. Is my child going to gain any love from such a father who threw her out of house.
I don't want to give him visitation at all, if any what should I do about it sir.
In mediation conditions he has said about it and blackmailing me if I accept then only he will divorce me. Or else I have to be just annulled.

chandu   01 January 2016 at 18:09

Flat transfer on death of owner

flat is on joint name 1) mother & daughter in law name , mother died with nomination of her daughter in law son and daughter name and both was minor at the time of nomination, but now daughter in law wants of transfer 100% shares in her name.

as on date son is major but daughter in minor but they are ready to relinquish their right to their mother name without any objection.

sir i have following query
1. can on behalf of minor her legal representative can give NOC infaver of mother.
2. is society transfer form required in above case??.
3.

nayak chetna   01 January 2016 at 18:09

Documents drating for moot court

HI sir,
I am student of final ll.b. i hv moot court in sec 125 of crpc. can u pls guide me how cn i prepare docs for case of maintenance from petitioner n opponent both the sides.
Thank u,
chetna nayak

Colonel Pankaj sharma ( Retd)   01 January 2016 at 16:22

Vat in maharashtra

MAy I know what is the latest directions on payment of VAT for purchase of flat in maharashtra ( first buyer from builder or resale) since 2006. Having gone through Supreme Court decision there seems to be some doubt..

Amar K   01 January 2016 at 14:43

Need help regarding email from mts lokadalat for data card bill

Hi All,
Need help regarding email notice from MTS lokadalat.In the year of 2012 i was using mts data card(in Bangalore).In a month of march they changed the plan and i got a bill of 3000.I called them around 20 times but no use send a mail to cust care.Still no use.I sent a mail saying to settle my issue and activate the service.But no one called me or replied me.After 3.5 years i received the notice to come to Bangalore and i am in Hyderabad.i want this issue to be resolved and i can not go to bangalore just because of this.Any i sent a reply email to them saying i can only give you my montly charges of 1000.I need help can o ignore this as it is just email.if i have to contact lokadalat /what is process ?. Can i shift this to hyd?Can i make a petition on them?

V R SHROFF   01 January 2016 at 14:42

Greetings

WISH ALL THE MEMBERS AND EXPERTS OF LCI A VERY HAPPY PROSPEROUS NEW YEAR 2016.
ADV V R SHROFF

Anonymous   01 January 2016 at 13:54

MOU

Sir, I have a property on my fathers name who.was died before this Diwali. We are 2 brothers and 2 sisters

Anonymous   01 January 2016 at 13:19

section 307 + 498A

R/sir,

I have a case filed by my wife on me u/s 307,498A, its been five years now she has mentioned 13 people members name of my family police submitted charge sheet u/s 307, 498A that she were attempted to murder how it is possible that 13 people require to burn one lady though she has no medical evidence of burn and even no injury at all. Can I send my charge sheet over here
Please advise.

shyamal   01 January 2016 at 12:45

Matrimony

Sir,

Please guide me whether I can plead my own case under Section 27 (2) (1) & Section 38 of Special Marriage Act

Shyamal