Pl advice

Dear Mr. Haridas, While there is Sec. 341 of Cr.PC there is no Section 506 Cr.PC. (Last Section in Cr.PC is only 484). Further Section 341 Cr.PC relates to Appeal. Thus, there is a misunderstanding by you right at the beginning. With our experience, we understand what you really want to ask. You want to know the provisions of Section 341 and 506 of Indian Penal Code. Sec. 341 - Punishment for wrongful restraing. - Whoever wrongfully restraints any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. Sec. 506 - Punishment for criminal intimidation. Whoever sommits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both. If threat be to cause death or grievous hurt, etc. - And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastiity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend toseven years, or with fine, or with both. You have to first get out of the mess in which you are currently in. Your intention to fight the case, expose the conspirators, take the builder by the horn and get your due share of parking space. and a handsome compensation for tarnishing my military reputation, all will get relegated and in any case, they cannot be achieved through the criminal case which you are currently facing. My sincere advice would be to engage a lawyer, since the proceedings would be based on allegations, supported by evidence, rebuttals supported by proper cross examination and a whole lot of procedures. I am afraid, you are not familiar with the court procedures and that will seriously impair your interests. (Please do not think I am trying to get a brief to any of my professional brethern!)

Mr. Haridas, since you are an army person, i am telling this, pl. dont mistake me, if I am given a gun today, can I be sent directly to the battle field. Does it not require intense training with professionalism. Similarly is defending a criminal case. It is always  fine to be informed about the law regarding your case, but it is advisable to engage a lawyer.  I will cite a situation- suppose you are not well and unable to attend the court on the hearing date. What will u do. In a criminal case court will issue warrant. But if u had engaged a lawyer and if u inform him that u r unable to attend the court, he will file a petition for your absence. This is only an example. Then there is always the anxiety and mental tension of your own case will lead you to commit mistakes that may go against you. That is why even many lawyers do not appear as party in person for their personal cases and they entrust the matter to some other lawyer.

Dear Sir

You are wonderful and to the point. It is indeed indian penal code Sec 341 & Sec 506.

But i still wish to fight the case myself notwihstanding the consequences . I am retd and very hurt. I am very very disturbed as well. The Apex court in India is well respected . Its 8 out 16 previous Chiefs were definitely corrupt. The High court grant Mr raju , Satyam defamed , to stay in 5 star medical environment and then grant him bail. Mr Keshav Mahindra , Bhopal Gas convict , is on bail and is in PMO.We have couple of eminent lawyers each in diff political outfits who wants Afzal's head without delay but are the ones who tppk briefs of the known criminals and got them exonerated / on bail .The lower court can play havoc i know. But why should be afraid of . Afraid of jail ? I think i will have nice time there as criminals are outside.

But at the same time i will not throw the towel meekly. I am a fighter throughout my life . I fought against corruption in the army and got the worst of the Giant wheel but never relented. I have taken up an issue against CONTROLLERS OF DEFENCE ACCTS ( the premier audit auth for defence ) for running 38 unauth URCs ( Unit Run Canteens - made exclusively for armed forces personnel). CAG at long last ( on denail mode till last April , i have a reply from them against my RTI query ) has woken up and raised the issue of excesses in running of URCs though they have conveniently kept the lid closed on running of URCs by AUDIT AUTH ( Shirks do not eat Shirks ' meat ).

But i need your help at the same time . Of all the advocates in india and in this forum you are the only one chosen to reply and advise me / guide without bothering being followed or not. I have registered each and every word written in your mail. I need to prepare and fight and leave nothing to God of leeser children as they are themselves helpless as one can see that 70 % of the population in India ( children of lesser Gods ) lives with Rs 20 a day ( many even live below ).

If you are willing I can att the complaint and the statement in Telegu recorded by the police . I will refrain from making any comments in my defence . I have face court martial in the Army in the same spirit . Truth always win at long last. It may not happen in my life time . Does not matter. Let the Gen X enjoys the fruit.

I am almost prepared with a PIL against CDA running URCs ( for details refer to CAG report on URcs - google it ).

You are free to take your own course. I will take mine.

Regards

Haridas

Dear Mugundhan

You are partially right in the example cited. In the Army as a commissioned offcer one is exposed to military law which is not diffrerent from the civil counterparts. And as Officer commanding / Commanding officer one is to act as a police , the investigator and the magistrate rolled into one . Yes environment is different .As i said in my reply above i am exposed to General Court Martial which is in between and more close to civil proceedings except PANCH BHOOTS ( THE JURIES ) are selected by the same auth who is out punish the accused.With Army Tribunal is in place those proceedings are also being getting course corrected . Jury system will eventually come to India , i firmly believe empowering the hapless , homeless, worthless, foodless , landless adults of lesser Gods.

In the mean time let me have the taste of civil court of India , it can't be sweeter better than Bengali sweetmeats.

Thanks for the suggestion and i may engage someone to bring change in the system of trial in India .

sir, my client case in drt-1 in chennai, my client only surity person only, now running in case drt-1 in chennai

third party getting for business to give the surity giving my client

loan amount is - 5500000-

intrest is now     4500000/-

total settelement amount-Rs.1.10 croce

how can relife the intrest amount

pls advoice me

sir, my client case in drt-1 in chennai, my client only surity person only, now running in case drt-1 in chennai

third party getting for business to give the surity giving my client

loan amount is - 5500000-

intrest is now     4500000/-

total settelement amount-Rs.1.10 croce

how can relife the intrest amount

pls advoice me