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rajiv rajan (rr)     25 March 2012

Need advise

Dear Sir,

Three accused in 304B and 498A (Husband , Brother and Mother)

1. Husband and Brother get regular bail from Session Court.

2. Opposite party file bail cancellation in session court in the month of nov-11. Till date not even single hearing has beed done. some time DJ is absent and some time opposite party lawyer is absent.Date has been extended.

3. In the Mean time we surrender the mother in month of Feb-12 for regular bail as we get bail for same order from Allahabad high court. From that date till date my mother in interim bail. they give 7 times interim bail to my mother. DJ has transferd the Bail application to ADJ and ADJ is given each time interim bail telling that first judgement of bail cancellation come out.

4. Now my FIL and lawyer  file Ista Gasa in CJM court that they are thearthing me and my family.(false and fabricated case).



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2012

opposite party cannot file cancellation application, it is the duty of the Asst., public prosecutor to file such an application, moreover jurisdiction doen't come under the dist., court, it is vest with the JMFC court.

rajiv rajan (rr)     25 March 2012

Sir,

Bail cancellation application filed with private lawyer not govt. lawyer

VINOD KUMAR SETH (Scientific Officer (Chemical))     26 March 2012

Sir, I am a Central Govt. officer holding a post of Scientific Officer in Ministry of Consumer Affairs, National Test House (SR), Chennai. before joining at NTH, Chennai I was working at NTH, Mumbai and posted on promotion to Chennai. While working at Mumbai, one of my Sr. Officer having enmity with me has filed a false FIR dated 17/09/2008 against me under ipc 328. He also complained to Director of the Office. Departmental inquiry has exonerated me and I was promoted and transferred to Chennai after getting clear vigilance report. Police of Mumbai has not taken any action saying that complain in FIR was not tenable and case was almost closed for three years. The Officer who assisted to file FIR against me become the head of Department and he arranged to file another false FIR against me in Chennai under ipc 408. With the help of local police and misusing his power and post he he succeded to sent in Judicial Custody for two days (Saturday and Sunday). Monday I applied for bail and bail was granted on tuesday. I was suspended from duties because I spent more than 48 hours in custody. I challanged the matter in the Hon, Central Administrative Tribunal, Chennai and CAT has issued order to office to immediately join the duty. But office has not followed the order and I filed a contempt petition in CAT. The contempt notice was served to the concern Authorities of Deptt . 

After getting the contempt notice the Concern Authorities were very angry and annoyed with me. The approched the Mumbai police Station to reopen the old case and with the help of some higher police Officer and misusing their power they succeed to  get a non bailable warrant against me directly from the Magistrate stating that I was absconding. while I was doing my duty in Govt. office at Chennai. The mumbai police has come to Chennai and arrested and kept me in a hotel of Chennai for 4 days (from 09/02/2011 to 13/02/2012) without poducing me to local magistrate within 24 hours of arrest. There was my hearing on 09/02/2012 with Central Information commossion and on 14/02/2012 in CAT for contempt notice for which I was party in person. on 13/02/2012 the Policemen from Mumbai taken me to Banglore and 14/02/2012 taken me to Mumbai and produced before Magistrate. Magistrate sent me to Judicial Custody without listening me. Further I was released on bail and suspended from the office again.

 

Now after trial for six months I was acquitted on merit in Mumbai case on 30/06/2011 and The learned Judge has made many adverse comment against the plice and complainant.  

Chennai police has given report that the case FIR filed against was false and it was mistakes of facts/law. 

 

Now I want to file two cases of Malicious Prosecution against the complainant and their supporters.

please advise over the both cases and suggest that whether I can file both malocious Prosecution cases at Chennai ?

Please help me, I shall be highly oblised



Attached File : 994223947 dscn1443.jpg downloaded: 127 times

VINOD KUMAR SETH (Scientific Officer (Chemical))     26 March 2012

please find enclose the report of chennai Police


Attached File : 994223947 img00549-20120321-1628.jpg downloaded: 136 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2012

Rajiv,

 

Bail cancellation is unheard of.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2012

Vinod,

 

You can sue the other party and the state for malicious prosecution.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

rajiv rajan (rr)     29 March 2012

 

 

Shonee Kapoor Sir,

I am not able to understand what u r saying kindly explain it littel more

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

I am saying that many people apply for cancellation of bail just to harass the other party. The bail once granted is rarely cancelled.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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