Sample Questions – Criminal Offences Criminal Law

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Criminal liability cannot be imposed on Legal heir

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Question My father had taken a loan from a financer and had issued post-dated cheques towards its payment. Due to paucity of sufficient balance in the bank account, the cheque was dishonoured. The financer issued a notice to my father claiming the amount of the cheque but my father expired in an accident and as such the notice was returned with the death report of my father. Now the financer has filed a complaint against me under Section 138 of the Negotiable Instruments Act, as I am the legal representative of my father. Please guide me whether in such circumstances can I be held legally liable? What remedy is available to avoid unnecessary harassment?

ANSWER

It is well settled that criminal liability cannot be fastened to the heirs and the legal representatives of a person, who is said to have been guilty of the offence in question. Moreover, it is specifically provided in Section 118 of the Negotiable Instrument Act that proceedings under the complaint alleging offence under Section 138 of the said Act cannot be filed against legal representatives of the person who had issued the cheque. The complaint filed by the financer against you is nothing but abuse of the process of court. You may approach the High Court for quashing of the said complaint by filling a petition under Section 482 of the Code of Criminal Procedure by referring to a recent judgment of the Bombay High Court in the case of Savita H. Sorle and others Vs. Rajesh Damidar Sarode and another reported as 2006(3) R.C.R. (Crl) 216.

Q1. I have filed a civil case against someone relating to a matter. Can I also file a criminal case against the same men for what he had done?

A. Mere pendency of a civil proceeding concerning the matter involved is no bar to initiation of criminal proceeding provided the action complained amounts to a criminal offence

Q2. My friend a twenty-year-old boy is in love with a 15-year-old girl. He wants to have sex with her. Can he land up in some legal problem if he does so?

A. In India having intercourse with a Female of less than 16 years of age is an offence. Your friend can land up in problem if he does so a criminal case can be filed against him if it comes to light.

Q3. We are students of 1st year of college. We got involved in a street brawl with another group. One of the members of the other group got his tooth broken in the brawl. They are threatening legal action. Can they do so? If so of what nature?

A. Section 320 of the Indian Penal Code defines Grievous hurt. Grievous hurt includes fracture or dislocation of bone or tooth. In your case it seems that tooth of one of the person was broken, the punishment for such a small looking thing is much grave. Section 325 provides for the punishment for voluntarily causing Grievous hurt which is imprisonment upto the maximum of seven years along with the fine.

Q4. I am a businessman dealing in supply of grocery items. Recently one of my clients during the transactions gave a 500 Rupee note, which later turned out to be fake. What should I do?

A. You should immediately contact the Local Police Station and lodge complaint against the person from whom you have received the note. This is important for you to prove your bonafide.

Q5. Can entrustment of goods in case of hypothecated goods attract criminal breach of trust in situation where these goods are mis-appropriated?

A. The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.

Q6. For past few months my telephone bills are highly inflated. I feel somebody is misusing my line. Can I file an FIR?

A. Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.

Q7. My friend was arrested without warrant. Can police do so under law? Kindly enlighten me on situations where this can be done?

A. There are various situations in which a person can be arrested without warrant. The Code of Criminal Procedure 1973 provides for some of these situations. Under Section 41 of the said Act prescribes for many such situations which are discussed hereunder: i) a person who is concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of his having been so concerned. ii) if a person is found in possession of any implement of house braking without lawful excuse . iii) if a person is proclaimed offender . iv) if a person is found in possession of a property suspected to be stolen and there is reasonable suspicion of his committing the offence v) if a person obstructs a police officers in execution of his duty or has escaped or attempts to escape from lawful custody. vi) if a person is reasonably suspected of being a deserter from any Armed forces of the Union. vii) a person against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been concerned in any act committed outside India which would have been a punishable offence in committed in India and for which he is under any law relating to any extradition, or otherwise, liable to be apprehended or detained in custody in India. viii) a person who, being a released convict, commits a breach of any rule made under sub-section (5) of Section 365. xi) a person for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. Under Section 42 0f the said Act any person can be arrested who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. But when the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, or appear before a Magistrate is so required. Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. But if the true name and residence of such person could not be ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. Under Section 43 of the said Act a person can also be arrested by a private person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. If the police officer has a reason to believe that such person comes under the provisions of Section 41, a police officer shall re-arrest him. If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. Under Section 44 of the said Act when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest of order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Any Magistrate, whether Executive or Judicial, may order arrest of a person in circumstances to issue a warrant. But in all these cases the person arrested has to be produced before the Magistrate or the officer in charge of the police station without unnecessary delay as per Section 56 of the said Act. Also a person cannot be detained in custody for more than 24 hours without the permission of the Magistrate as per Section 57 of this said Act. Police in all such cases has to report to the District Magistrate or the Sub-Divisional Magistrate about the arrest and also the status of bail as per Section 58 of this said Act. A person can also be arrested without warrant as per certain local laws as applicable from place to place. For example in Delhi as per the Delhi Police Act 1978, a person can be arrested without warrant if an offence u/s 11 of Prevention of Cruelty to Animals Act, 1960, is committed in presence of the Police Officer. Thus it also depends on the area of your residence or on the place where the alleged act in contravention of law is committed and the local law applicable there.

Q8. Does selling of hypothecated property amounts of offence under Criminal Breach of Trust? If no why?

A. Yes. It is an offense u/s 406 of Indian Penal Code because the language of the Section categorically provides that if a person with dishonest intention violates the legal contract which prescribes the mode in which the TRUST is to be discharged then it amounts to Criminal Breach of Trust.

Q9. One of friend is charged under Section 406 407 & 409 and in the charge sheet it is only written as he is the son of vehicle owner I want to know how is the section related to the statement and one more thing he has already applied for discharge from this case but the advocate says it is still in process this is going since six months. Please give your view and suggestion?

A. The provisions of Sections 406, 407 and 409 Indian Penal Code relate to the offence of a carrier / vehicle or an agent committing a Criminal Breach of Trust. In the event of any property having been entrusted to a carrier / vehicle or an agent and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provisions. If there is no allegation in the FIR or the Charge sheet against your friend of having been entrusted with any property and if he is being accused only on account of his being the son of the Vehicle owner, your friend is liable to be discharged from the case. Keeping in view the delays in the Indian Courts, it take sometime before such a decision can be taken and as such there is no need to be alarmed in the matter.

Q10. In case of hypothecation of property, the goods remain in possession of the owner and for the money lent, an interest is created in that property of the person lending the money. Now, one of the main ingredients of Section 405 of the Indian Penal Code, is entrustment of property. In case of hypothecation is there any entrustment of property because for entrustment there must be transfer of property. Secondly in umpteen no. of cases the Hon’ble Supreme Court has held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is ensured. In light of above discussion, does selling of hypothecated property amounts to breach of trust?

A. The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.

Q11. What are the legal consequences against a person who has stolen telephone lines from neighbors or directly from under road line?

A. Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.

Q12. My query is whether these offence be committed with respect to immovable property or not? I have precedents which say these offences can be committed with respect to only movable properties. Is there any precedent that these offences can be committed with respect to immovable property?

A. Offenses of the cheating and criminal breach of Trust can be committed in respect of immovable properties. Please read section 420, 405 and 406 of Indian Penal Code which squarely covers the offenses in respect of immovable property.

Q13. Is there any recent decision of Hon’ble Supreme Court which provide relief to the people, who are accused in criminal-civil cases more than ten years or there cases have been closed now? If so, kindly let me know in detail, giving there reference & supplying photocopies thereof at my home address?

A. In cases of offenses of minor nature Supreme Court decision in the case “Common Cause Vs Union of India & Ors” reported in AIR 1996 Supreme Court 1619 certain provisions have been made where if the cases are pending for long duration, the court has the power to close the case. Kindly specify the nature of your case or see the above state judgement. In other cases not covered under the said judgment, you can only file the mercy petition under Article 136 of Constitution as SLP for reduction of sentence.

Q14. A criminal appeal against severe punishment & heavy fine is still lying pending to decide before Additional Distt. & Session Judge Mandi (H.P.) since September 1994, inspite of my various requests and many dates fixed so for? What steps I should take to get justice at an early date?

A. You can file the petition under Art. 227 of Constitution of India before the Hon’ble High Court for direction to Session judge for early disposal of the case.

Q15. What can I do if a police officer at the police station refuses to register my FIR?

A. Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

Q16. What is the punishment for a man who tortures a woman mentally, physically or verbally?

A. It is an offence punishable under section 498A of the Indian Penal Code, 1860, which is imprisonment for a term which may extend to three years and shall also be liable to fine.

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

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Have Your Say
  1. Jai says:

    My uncle is a retired central Govt employee and it has been more then 6 years he has retired. During his tenure some official files were stolen from office and found at some companies premises. He was nowhere involved and he reported the matter in the office records as per the procedure. Now the Police is unnecesarrily troubling him and trying to make this main accused as he was the office head.
    What are his rights and how can he proceed ?

  2. Jastej Singh says:

    If your uncle was the custodian of the lost records, then in order to find out the truth, it becomes necessary for the police to make inquiry from the custodian. However, in our country, at times the authorities take it as an opportunity to harass and intimidate that person to make him give bribes. You can approach the Courts for protection in such a case.

  3. S Sen says:

    Ref: Criminal liability cannot be imposed on Legal heir
    Are the District/State fora created under the The Consumer Protection Act, 1986 entirely criminal courts? If a Builder expires does not the heir become liable to execute the order of the court? The Redressal appears to be entirely civil in nature.

  4. Jastej Singh says:

    consumer courts are not criminal courts. They give certain directions to the builders. If those directions are not followed, then some criminal actions might follow in the execution proceedings.

  5. samantha says:

    MY boyfriend cheated me in the name of love . he used me physicaly also . he promised to marry me bt now he avoided me . he made his friends comment on me and hurted me a lot . due to this i discountinued my clge also . my studies also spoiled bcs of him . can any complaint be lodged against him?

  6. a fake complaint has been filed, for police did not investigate and arrested the accused.

  7. nipa says:

    IF SOME BODY COLLECTED OUR MONEY BY MENTIONING THAT HE IS OUR AUTHORISED COLLECTOR OF MONEY EVEN WE HAVE NOT ANY AGREEMENT FOR SUCH COLLECTION. WHAT SHOULD WE DO ? UNDER WHICH SECTIONS OF IPC I SHOULD LODGE FIR

  8. Jastej S (Team Vakilno1) says:

    you must not worry about the sections which are applicable to the said case. You must file a complaint with the police as soon as possible and the police will itself look into the applicable sections. The offence mentioned by you can within the purview of cheating (section 420) and also other sections depending upon the facts narrated by you in the complaint.

  9. I want help,1 of my frnd sign a cheque without knowledge of she sign 5 cheque in which 3 in english and 2 in hindi she dnt knw d english bt she just sign as per said by d person who now demanding 10 lack from her and file case cheque bouncing after preceeding to court the person ready to compensation only by 30 thousand bt he nt come to court to received such amount nw he file case in high court for recovery of ten lac n he sign fraudly on other document showing that she work undr his firm n taken loan frm him pls help i m d 2nd year law student can i fight her case in high court if nt then hw can i help her

  10. SachinA says:

    Hi,

    Today two crime branch officias suddenly came to my house and started enquiring on where i was last weekend.When

    things unfolded, they disclosed that it was related to a murder that happened about 20 kms away from where i live.I had a convesation with the police station head of the location where this happened and he reqested me to come over a showing my car.They told me that some one spottd a white swift and the last 4 didgits of that car were same as mine and also the color.They have kept my car in custody for verifying certain details.

    I want to take advice about what should i do in such situation and what are my rights?

  11. Jastej S (Team Vakilno1) says:

    The police has full right to investigate into an offence. If you feel that the police is trying to harass you unnecessarily, then only you can enforce your right by way of filing criminal writ in the Hon’ble High Court or by moving an application to the Ilaqa Magistrate.

  12. Ram Mohan says:

    Sir,
    a girl (Hindu) committed suicide and A FIR lodged by her so called father (Muslim) saying a boy promise her daughter for marriage and have love affair with her and he married to another girl. On the next day of his marriage the girls she commit suicide and leaves suicide notes. In which she write that she is commiting suicide and reason of her death is that boy. In the FIR girl’s father write names of boy’s elder brother and his elder brother in law (Sister’s husband) stating that they were also promise to his daughter about marriage to this boy. This FIR lodges under sec. 306 ipc. Boy surrendered and in the jail. Police did not find any evidence or statement against Boy’s brother and Brother in law and filed chargesheet only against Boy. and court takes cognizance over chargesheet. Now in the meantime of submitting chargesheet and report of police to the court, Supp. of Police transferred investigation to another Police Station Officer. My que. is that can this officer go against previous officer’s report or can he make any charge against these persons.
    thanks

  13. Jastej S (Team Vakilno1) says:

    Well you can file a petition in the Court challenging the transfer of investigation to the other agency. The other agency or PS can take other points into consideration and can also change the earlier report.

  14. Anitha says:

    I loved a boy of my class 2 years back. But then we both mutually broke up as ma family advised me. But now he is threatening me that he will send our chat messages to my family and take revenge of me for breaking up with him. How and what case I can file on him for disturbing me?

  15. GREETINGS FROM VAKIL VARGHESE KERALA.
    NICE JOB.KEEP IT UP.
    REGARDS.

  16. manjinder says:

    sir
    when i was in uk my wife joined the police force stating that she is unmarried,local police station report as well as c.i.d inquiry gave report that she is unmarried exactly after 2 months of joining she filed divorce petition against me and threatened me to file dowry and domestic violence as well.when i file a complaint against her to her seniors ,the matter was sent to district attorney for his legal opinion which gave his opninion against my wife but through out of the way methods my wife was successful in getting clean chit despite being found guilty and some police officer rank of s.h.o are helping her as well.she also produced a panchayati talaknama in court but it is fake as i never sent any document to her .what shall i do as she has harrassed me mentally as well

  17. sanjeev says:

    please tell whether offence specially 420,467,468,471,120b alleged to be commited by an offender of 10 years of age then can he be charged by jj board or by court.

  18. sanjeev says:

    question
    a FIR was lodged u/s 420,467,468,471,120 and after thorough investigation , the investigation officer prepared a cancellation report u/s 173 crpc and signed it and forwarded it to officer in-charge of police station and same was also signed by him.the officer in charge forwarded that report to Asp/DSP and that DSP returned that report for re investigation(not further investigation) without conducting any investigation or inquiry by him. no further new evidence collected and then police file charge sheet u/s 173(2)against accused by concealing that cancellation report in court.all accused are on bail. what we can do.

  19. Jastej S (Team Vakilno1) says:

    you can file an application before the judicial magistrate regarding defective investigation. You can also file a writ petition before the Hon’ble High court.

  20. Vimal says:

    Can Both Proceeding ie Civil suit for business recoveries against supplies of goods and Criminal breach of trust is maintainable if repeatedly MoU’s were signed between parties as Acceptance of liabilities to pay is dishonoured

  21. Jastej S (Team Vakilno1) says:

    It all depends upon the facts and circumstances of the case. Where a criminal intention is imputed and the criminal offence is made out, then both Civil and criminal proceedings are maintainable.

  22. My friend is a twenty five-years-old boy and he is in love with a 17-years-old girl.they both are wanna be merry with each other but the problem is that the boy is Brahmin and the girl is Thakur that’s by both families are not allowing for marriage.and the boy doing job in IT Company as a HR.Now girls family doing torturing/Physical violence/abusing/Taunting, demoralizing and putting down the girl with the intention of causing mental torture and emotional blackmailing from girl.Her parents beaten the girl and show cruelty.the girl want to merry with boy otherwise they will die Both are too serious and they decide to leave the home and go for Court marriage,Is this possible or what is the procedure.if they will ran away from house the girls family will lodge FIR Against boy,case of kidnapping and the will torture the boys family also.So sir how the boy can be safe or how they can merry or live together.?

  23. Jastej S (Team Vakilno1) says:

    Firstly, if the girl is below 18 years of marriage, then the marriage is prohibited as per the Indian law and therefore, even Courts will be reluctant to interfere. You must wait for the girl to attain the age of 18 years and then you can approach the Courts for help.

  24. You can file acomplaint u/s 376/420 IPC.

  25. I am 72 yrs old.some one files false allegations to the Govt. of Tamilnadu. How to sue the petitioner legally.Pl. guide me

    Regards

  26. Your Name... says:

    An office collegue dropped my phone unintentionally, the phone dint seem to any problem instantaly. Next day noticed a blue patch on the screen, I showed it to her. She replied and said to take it to a service centre and that she’ll pay for the damages.
    Turned out the Phones LCD display is gone, and eventually the blue patch would spread to the entire screen and the phone will be non-useable.
    This I mentioned to the Collegue, for which i got a reply saying “I was just joking, i will not pay you”
    I also have a witness to say that the phone was dropped by the collegue. As a student i cannot afford to pay for the replacement of Dispaly(Apparently the Manufacturers are no more selling under the brand and getting a spare part is almost impossible).
    Can I file a Compalin to claim damages?

  27. Jastej S (Team Vakilno1) says:

    You can file a civil suit for recovery of money spent by you to get the mobile repaired, if there is a witness in your favor.

  28. A partner of a company sold a CAR which was in the name of the company. This was done without any intimation to any of the other partner. Now at this point if time company doesnot have any papers of that car, only we have the registration number of that vehicle and a document in regard to a loan taken from ICICI BANK. Please guide me as I am one of the partner of this company.

  29. Jastej S (Team Vakilno1) says:

    In a company, partners are not there. Only directors are there. Kindly explain in some more details as to what you want to claim.

  30. can i lodge FIR UNDER SECTION 138 EVEN MATTER PEINDING IN COURT

  31. Jastej S (Team Vakilno1) says:

    No

  32. Balaji says:

    There is a land issue going on between myself and opposite party. The opposite party doesn’t have way to his land. He tried to take over our land which is near the road.We filed a case in the court and we fenced our land and gave small way to his land as he had a small house there. Now he is trying to build a bigger house, in the process he has broken some portion of our fence without asking us. We took photograph and gave a complaint to the local police station. The inspector is not taking any action, instead he is asking us to give way and mentioned he would collect and give money. We dont want to give way, because of the hassles he has been creating to us. What should we do now? Is it possible that we can close the way completely? We want to go through legal means. Could you please suggest a right direction? Thanks.

  33. Jastej S (Team Vakilno1) says:

    You can file a civil case for permanent injunction in court to stop him from demolishing your property. However, if Easement Act is applicable at your place, it will depend upon this act as well.

  34. Jai says:

    I got a notice from my housing loan company , but I have already made the payment. I can see the entry in my bank account statement that, my bank paid to my home loan company. What should I do?

  35. amit says:

    hi ,

    I am cheated from a job consultant ,he promised me that he will get me a job ,but he failed to get . he took 22500 rs from me .its been more then a year now . he is not ready to return it back . which case can i lodge against him .??pls advice

  36. akber ali says:

    I have one doubtt?my neighbour just 15 feet distance opposite exactly in front of my gate his door located just15 feet distance,his hurting throgh noise pollution cutting of card board through hexa blade,after all his open like one business in his drawing room by always keeps opening door making sound pollution after all he is a tenant ,I want to lodge a complaint in police station is their any law?rent owner also supports more him although it is a one type of colony,he is a tenant how can he doing business like karkhana of card board cutting, so is there any law?

  37. pradeep says:

    My girl friend is cheated me in the name of love. She is very close with me from past 3 years. Now she is refusing/rejecting me by giving a reason that her mother did not agree for our marriage for am not having a govt job. Her mother also fixing her marriage with thier relatives without asking the my girl friend opinion about her life time partner who is? Now i need her for my life time bcoz i am loving her so much deeply upto an extent that i will die without she. So pls do needful advice what i do in this situation shall i give a complaint against her or against her mother for giving me mentally torture or can i go court directly. Thanking you.

  38. samadhan says:

    i wa married with my love about an 7 month now she was going to her parental home and then they dont want to send back to my home. but i legaly married with her in hindu rite then certificate of marrige in our muncipal corporation so what can i do to late her back by leagaly plz suggest me urgent.

  39. BABBAR says:

    f.i.r no 220/2013 e.o.w ps mandir marg , new delhi, u/s 420/467/468/471/120b for cheating & fraud related property byana , against accused person, police official not arrested the accused, what can i do about this as a complainant , in this regards
    any other method will be follow so that accused will be arrested

  40. vijay says:

    Sir,
    one year back ,my friend commited a illegal job,but right after 6 months that job became legal.so now if she files a report against herself will she be considered for a crime

  41. praveen says:

    My uncle have jewellery shop… on friday night a police officer came with a person n said that the guy is a theif and he had stolen money from railway station..a week agao.. he came to uncle shop and purchased gold later he sold it within 2 days.. is this a crime of take stolen money… we had gave the amount he gave us.. for this police officer said my uncle to come to police station.. for settlement he asked 5000rs.. is there any rule of law for cases like this…..

  42. srikanth says:

    a girl studiying in our city became my friend since two years we are very close. 6 months back she told that she got a good job in a govt office and showed me the offer letter. i believed and casually its going on. one day she told me that another job is there in govt office, you join in that, they are asking aroud 6 lakhs ruppes. if you pay it will be permanent job. at 1st i did not showed any intrest, but she continuosly told that it a very gud job, good future etc.. you pay some amount if you get job then only pay full amount. i dont have trust i sadi. then she took to a office where a person given a cheque as proof of my money and she gave a bond paper on her name for taking money.
    after this 1 month i waited then i asked what hapen about job, then she told wit for some more days. and suddenly she went of to her native place and she is not responding. changed all the numbers etc.
    end when i spoke to their parents, they are telling that ask to that person only whom you have given money, dont call to us etc..
    what shud i do sir, please tell me…

  43. swetha says:

    MY boyfriend cheated me in the name of love . he used me physicaly also nd nt fully . he promised to marry me bt now he avoided me..to his frnds he told lyk ,i proposed him.bt he only proposed me. i wanna give complaint on him. bec he is playing wit most of d gals..

  44. shyamkumar says:

    Dear Sir/Madam,
    my wifes mother filed complante U/S 324.323.506.307. and abjected my bail by missing my wife and childrens. afterword I in JC custadi for 414 days there after case wase closed. Now my wife given complante dovry harashment case U/S. 498.323.506, this case before about 3 years we are leaving saparate. and my marrege wsa inter caste Love marrege. Now my wife have in leagal relationship wih Other one and iam liveng saperate with my tow childrens aged 4 & 5 years . Sir Plz hElp me with your valuble sugetion.

  45. I had imported the material from china supplier and they had commited the fraud and dispatched ceramic soil to us due to this fraud I had in financial loss of $ 40000.00. Now, supplier is not giving any response to our phone or mail. please suggest in the matter because i had already registered my complaint through e-mail or some where hard copies also. Please guide a correct path to get back the money from supplier. Please note details of supplier.

    M/s. Shandong Tengda Industrial Co. Limited,
    Address No. 88 Songhua Street Sinhua Rode
    Xinqu Weifang Shandong Province China.
    Tel : +86-0311-69006828
    Fax: +86-0311-69031806

  46. Anas says:

    Hi,
    I am a pg student.I love my hair very much and now its very long.I love long hairs.But recently one police officer is behaving very badly.He is telling me to cut my hair or he will take actions.What should i do? Is there any problem in India for this type of hair?

  47. shalini says:

    Sir,
    Some persons manhandled with my father and abused and threatened, My father is a senior citizen and the matter is that they are trying to take some land of ours and when my father tried to stop them , he was beaten up by them and threatened. Kindly help with your valuable commentts.
    Thanks.

  48. Your Name... says:

    i have lost my money, i am been cheated. i lodged a complaint to the police officials they closed it as civil in nature. under what section in criminal procedure code i can lodge a complaint magistrate.

  49. SAHIL VARADE says:

    1 GIRL LODGED A FAKE COMPLAINT AGAINST ME THAT I ATTEMPT A RAPE ON HER INA PUBLIC AREA…BUT AT THAT THERE WERE A SO MANY PEOPLE WERE PRESENT WITH MY TWO FRIEND…SHE GET A BENEFIT THAT AT TIME THERE WAS A NAVARATRI VISARJAN SO THERE WERE A POLICE OVER THERE….THAN THE POLICE CATCH ME HAD BITTEN ME LIKE A DOG…THEY HAD NO ASK ANY QEUSION TO ME THEY DIRECTLY TAKE TO ME POLICE STATION AND MAKE AN COMPLAINT…BUT THE GIRL WANT TO CASE ON ME…THERE OVER ALL MATTER WAS A FAMILY MATTER SHE IS MY STEP SISTER…SHE AND HER MOM WAS PLANNING TO DESTROY MY LIFE ….BECAUSE MY MOM MARRIED WITH HER DAD…SO SHE GET A REVENGE ON ME…I HAD GIVEN AN APPLICATION TO DCP SIR BUT THEY HAD NOT TAKEN AN SERIOUS ACTION AGAINST THIS FAKE COMPLAINT….

  50. Your Name... says:

    MY boyfriend cheated me in the name of love . he used me physicaly also..we were in alive in.. . he promised to marry me bt now he avoiding me .we were supposed to convince our parents..i convinced my parents and relatives ..now everyone in my community knows bout it.. he has blocked me on phone now. . due to this..m so worked up mentally…he has also mentally and verbally harassed me..which has made my living hell.. can any complaint be lodged against him?

  51. neha says:

    MY boyfriend cheated me in the name of love . he used me physicaly also..we were in alive in.. . he promised to marry me bt now he avoiding me .we were supposed to convince our parents..i convinced my parents and relatives ..now everyone in my community knows bout it.. he has blocked me on phone now. . due to this..m so worked up mentally…he has also mentally and verbally harassed me..which has made my living hell.. can any complaint be lodged against him?

  52. Neha if your boyfriend is avoiding you after getting sexual intercourse with you with a promise to marry you then he can be liable for the offence of rape under section 376 of ipc

  53. Sangitha says:

    Dear Sir,
    I hav a Question, That in 376 case If the against party gives a mutual affidavit to settle this case like Squashing this case from High Court, then if the against party refuses to give the Compensation, then is it possible for the Petitioner to re-open this 376 case. If you giv ur valuable suggestion. Hoping soon for ur reply.

  54. RAJESHWARI says:

    can a case of harrassment be filed , against a person who has falsely and with intentional purpose of hurting one’s dignity, filed an NC against another person

  55. dandy says:

    i bought a second hand phone from a seller on olx. i get a call from police saying the phone is stolen. what should i be doing? what is the penalty or punishment?

  56. AKV says:

    A criminal case under sec. 420,406,403, is in magistrate court for trail since 1995.all witnesses and procedure completed.Now the stage of final argument the magistrate found no F.I.R. in court record. Magistrate writing to S.P. since last one year. but not received duplicate F.I.R..what remedy is left for me. please help me out.

  57. Rajiv Sharma says:

    Electricity board give me wrong and Average bill regularly while my electric meter is working i have always meet in electric office they consider and do correction. they always do this repeat again and again. last time they couldnt correct my bill i want to go against electricity board in criminal law is there any remedy for this

  58. shivakumar says:

    i want to know whether police officer is a complainant and he can file charge sheet of that case

  59. raj kumar says:

    Sir I want to know about the processor that I am Central Governemnt employee whereas 13 employees are indulge in an offence the same offence case is in under juridic, In this connection Department issued charge sheet for said offence to 13 employees for departmental Inquiry. Our plea is that for the same offence matter is in under juridic why Departmental inquiry is initiated against 13 employee. Department have to wait for natural justice.Is any court orders are available for above said matter that when the matter is in under juridic then Department have no rights to initiate the inquiry and penalized. Sir its a matter of 13 employees. I Request you to please reply your expert comments. Thanks

  60. raj kumar says:

    For a offence committed in the office please clarify whether two paralleler inquiries can take place one under IPC in the civil court and another in Deptt under CCS conduct rule.

  61. john grosser says:

    My wife and self bought land 4beghas from two persons. We have been cheated by local land goons who are forcibly occupying six and a half katas of our land. We went to Minority commission and got our police report directing the additional magistrate to file a case under section 146c.r.p.c. The magistrate asked us for a report to start the proceedings. what other report is required other than the police report? kindly direct me sir.

  62. rajesh says:

    I took a vehicle loan from a bank, i had given PDC’s for my EMI’s. The bank never deposited them. No cheque bounces reflect on my bank records. I myself reminded them and made cash payment against few EMI’s. The bank was sold to another bank and now the new bank is holding me as defaulter. The loan was taken in 2003. so can they still hold me as a defaulter. Am i liable to pay them.

  63. chinmay says:

    sir my friend is a abank employee just before his joining to bank due to family tension hisfamily had lodged a fir against a person and in revenge he also registered a fir in which his all family members are present including himsir sections are baleable i want to know if bank will know about this fact what will be his action

  64. vijay says:

    Sir,
    HOW TO get justice me employee of irctc undertaking of railways and on duty govt employee of railways both were on duty dated 07.02.14 framed a wrong case against me of half murder and lodged a complain to police in framing me I have beaten him and police charged me in half murder case and arrested me and I got bail after one day and i have done counter case against him and I have mobile recording as a proof that I will cut my cheek with blade and I will say u did it and this is completely recorded on my mobile can I get justice

  65. Samar says:

    Hi,
    My marriage was stopped,from bride side they put a 420 criminal case against me for a getting 5 lakhs for marriage, no receipt or proof for the case. what way i can suffer. pls

  66. Samar says:

    Hi,
    My marriage was stopped,from bride side they put a 420 criminal case against me for a getting 5 lakhs for marriage, no receipt or proof for the money. what way i can suffer. pls

  67. thiyagu says:

    Hi,
    Before marriage, me and bride have a sex with mutual understanding. the marriage was stopped from bride side.Now they put 376 ipc case, we ready to marry, but they dont want us. What is the way to get out from the case.

  68. arvind says:

    What can I do if any policeman use bad language as well as mentelly tourcher.

  69. alka tripathi says:

    i am second wife my husbad ‘s first wife suside and there prents filed fir in dowery case against him after 15 years under trial now he get punishment 14 years sentence from session court how he can get bail and in how maney days
    and what is new good news today

  70. my second question is my husbad was in government job after this dowery case he has no job becose of this i have to leave this qwerter but i don’t want so how and from which court i can get stay order for this please give me answer imeditly

  71. Anonymous says:

    a cheque is issued by the accused but it was bounced for the reason “account closed” .The complainant filed case u/s 420 of I.P.C. whether the case is maintenable or not?

  72. I had an agreement with a land owner to buy a property on a monthly installment agreement. After I have paid six lacs he tells me to remove my horses from property as well as fencing and barn within twenty four hours or he will send people to do damage. We have moved our horses everything and now he refuses to give our money back. I have every reciept from clearing and filling the land to every single payment made to the owner. Now what can I do?

  73. Anonymous says:

    What defence to taken if somebody hits his head against wall in order to lodge false FIR

  74. drishti says:

    ….a boy age 29 had proposed me for marriage before 3 months..i accepted his proposal..i said my family abt tht boy…he had relation wid me on behalf of false marriage promise..and now im pregnant..but since last 10 days he is refusing for marriage n avoiding me not even replying for my calls…my family doesnt no that im pregnant…boys family is also not giving any response…i dont want to spoil my name. ..but i want tht boy shud fulfil d promise of marriage wid respect..if the boy wont marry me i want to file a case against him..wat kind of punishment he will b facing … plz help me sir by giving ur advice wat step i can take as soon as possible. ..coz im going thru mental depression since last 10 days…

  75. axay says:

    Sir last 14 year I m aqqupier a land. I had paid tax rupies 2lac For that land. But knw onwer torture to leav tat land

  76. suraj says:

    hello sir,
    actually i have registered for playboy services and i have pay their registration fees of rs.10500/-.now as per telephonic discussion with that agent he have to supposed give me client and from that i will earn rs.15000/- for 3hrs.now that agent is not giving me client and not receving my call.But i have a proof against him i.e i have deposited cash to his saving a/c,his name ,his mobile no.,his bank name and branch.with this evidence i can reach to him.but who can help me in this matter with very curisitly and one precaution that my name should not come out.so pl.guide me as early as possible to give that agent strong punishment.

  77. raju says:

    question

    My friend against file a FIR was lodged u/s 420,467,468,471,120 and after thorough investigation , the investigation officer prepared a cancellation report u/s 173 crpc and signed it and forwarded it to officer in-charge of police station and same was also signed by him.the officer in charge forwarded that report to Asp/DSP and that DSP returned that report for re investigation(not further investigation) without conducting any investigation or inquiry by him. no further new evidence collected and then police file charge sheet u/s 173(2)against accused by concealing that cancellation report in court.all accused are on bail. what we can do.

    10 years above still date not charge frame against him

  78. Anonymous says:

    sir.
    iam a law student,iam age of 20 and my girl friend also age of 20,her parents where trying to do marriage with anthor one.she is in house arrest.they doing very trocher.and they harrasing her she dont like that marrage wants to marry me only she wants to runaway from there parents.she was a major but iam just 20 according to law boy should have 21 age to marry so now how I should take away her from there parents.plz say me there is any way 2 stop thiscan u give a legal Help advice.how I should produce.plzzzzzzz.plzzzzzzz.plzzzzzz.plzzzzzzz.sir

  79. anonymous says:

    pllllzzzzzzzzzzzzz………sir its my life matter pllllzzzzz dive me adivce…..soon…………………………sir

  80. Krishna ram says:

    Dear Sir, I want to know that what’s the provision and penalties in IPC and CrPC, if someone steal / misuse SIM card.

  81. hello sir,
    I was married on 2006 august and have baby on june 2007, and left to india from US on sep 2007, then i gone to mother in law house stayed for 3 months and i came to my parents house with child, there was some misunderstandings and mental cruelty by my inlaws since then my husband didn’t call me and also didn’t came to pick me and my child to take to US ,after 2 years he filed divorce on 2010 on ground of desertion and also on cruelty . But the truth is he deserted me whatever he mentioned in divorce petition all is false.then i filed for Restitution of conjugal rights and i tried my best to get my husband from 2010-2014.offcouse i call to him after he file for divorce and scold him badly and i also sent e-mails i use bad words because he left me when there is no wrong on me at the same time i scold because he left me and my child ,and my parents are in deep sorrow and i also only child to my parents i think you can understand why i scold him.he also put these evidence before court that is e-mails, voice calls. all these years i tried my best to rejoin him but no results,now even me and my parents are decided to give divorce as we are vex in this matter at the same time we lose trust on him and my inlaws too. so i didntattend to restitution of conjugal rights petition which i filed and divorce petition too which he filed . we also intimate to him that i am ready to give divorce, but the problem is now he is not attending to the court for divorce petition which he filed. we are in fear what is his intention ,as we are also ready to give divorce now he is not showing up, how can i get divorce from him,please show strong relevent case laws also so i can tell to my advocate and i want divorce ,i dont want him anynore and relieve me from this mental torture.
    Thank you so much.

  82. Mukti says:

    I have a query on public prosecutor. If you are not satisfied with (the defence of) public prosecutor, please let me know if there any section in out Indian Constitution which prohibits an Indian from defending his own case. Thanks in advance.

  83. bryan says:

    an neighbor who is an occupier of an house as clicked photos of my property house is it legal can i complain against him at the police and at the court

  84. sanjay says:

    what legal steps can be taken when the police could not ascertain after an investigation, who is the accused of a crime of homicide? Pls answer me.

  85. sanjay says:

    My answer to Mukti.
    there is no impediment to make defending own case if the defender is not in prosecution side. But if one is at prosecution side, he can engage advocate in the court under supervisory control of Public Prosecutor as per Cr.P.C.
    Hope this answer meet your quarry. thank u.

  86. Ratnakumar J says:

    HOW TO FILE A BIGAMY CASE BY PETITIONER IN PERSON:

    BEFORE THE TAMILNADU STATE LEGAL SERVICES AUTHORITY
    via Secretary of DISTRICT LEGAL SERVICES AUTHORITY
    TIRUNELVELI DISTRICT COURT CAMPUS,
    TIRUNELVELI

    Petitioner : RATNA KUMAR. J (P1)
    Versus

    Respondent : M/s.JelinSelva, Kanakaraj.K D/o. Kovilpitchai (R1)
    Then All women Police Inspector M/s.Lakshmi Praba (R2)

    I , RATNA KUMAR.J , S/o JEBARAJ .A, aged 28 years, residing in PLOT NO 1C,2C,ANNAI NAGAR,NEAR DARLING NAGAR,KTC NAGAR,TIRUNELVELI-627011,

    do hereby solemnly affirm and state as follows:-
    1. I am the Petitioner in the application and petitioner in the petition referred to above & After Stoke & Fits I am Jobless & unable to get proper medical Aid without proper Disability certificate & like to contest in the Member of Parliament Election 2014 by Fast track through Speedy Trial of the Cr.No.26/2012 which was filled in All women Police Station , Palayamkotai on 27-Sept-2012 which leaded to CC 282/2012 dated 28-9-2012 filed in JM1 Court Tirunelveli & Then transferred without any notification then renamed as CC 361/2013 ,CMP No: 6543/13 dated 3- Oct-2013.

    A)Fact of the Case:

    a) 1. MAIRRAGE Took Place on 24-Aug-2011 between P1 & R1 by Rev.C.Jebaz.T Abraham in Tiruvaranganeri Church,Nedukulam Pastorate, Sattankulam Taluka,
    b)Mairrage Records of R1 used Two Ration cards & Election ID Cards as an evidence as the dwelling place, her age making falsely representing of herself.
    c) After marriage (R1) did not gave any conjugal rights & Not Even Accepted P1 to Apply for Separate Ration Card in P1 dwelling place, Respondent (R1) also said she will not accept it since she was having Election ID] Election ID Card No: HFX0803425 in Assembly Constituency No:228 Kanyakumari District.
    d) After Investigation via Monday Petition Thoothukudi Petition Details: PP/13/10137 dated 08/7/2013 for Bogus Ration Card Enquiry has been done & it allegations are proved & reply letter was given As per letter number ந.க.ஊ 1/3733/13 dated 31.07.13 from திரு.பொ.மீகாவேல்தீபம்,B.Com, வட்டாட்சியர் [ Tahsildar in Satankulam of Thoothukudi District];
    e)TT/13/07479 , 10/06/2013, PP/13/10137 dated 08/07/2013 , the Fraud Marriage Petition was Inquired, Proved and Accepted but reply letter is still pending and the Public Information Officer in Thoothukudi is not providing the Acceptance of Fraud Marriage is produced to P1 till now.
    f) As mentioned in the Complaint ID :TN/29/227/208499;Jan 17 2014, Actions were taken only on 2 members ந.க.எண்:சி 1 /8562/2013, நாள் : 22.02.2014 letter from வட்ட வழங்கல் அலுவலர், தோவாளை வட்டம் , (இருப்பு), பூதபாண்டி confirms the termination of Bogus Ration Card 30/G/0199863 in Thovalai which belongs to R1 Father and other SIX MEMBERS in the Ration Card 30-G/0199863 in Kristhu Nagar,Thovalai,Kanyakumari District are PURPOSELY NOT TAKEN ANY ACTION.
    g) Election ID Card No:HFX4803425 belongs to R1,Constituency 228, Kanyakumari District & other one Card Number in Thoothukudi District is Unknown,R1 is a Handicapped women so she used one of the two Disability Card as per Election Commission’s circular No 3/4/ID/2006/JS-II(WB), dated 9 April, 2006, in connection with the general election to the West Bengal legislative assembly in April-May 2006, Point No:,(xii) Certificate of Physical Handicapped by Competent Authority issued on or before 28 February 2006,But the Court Entertains Both Her ID proofs and Not Taking Action On The Violation of “The Representation Of The People Act, 1950 Point No : 17 states” No Person to be registered in more than one constituency” if it is done via Bogus Election ID Cards,
    h)R1 had also Cheated in the Munsif-Cum Judicial Magistrate,Boothapandy ,Kanyakumari District using False Enclosures of Marriage Invitation Dated : 23-05-2013 [WHICH IS A BIOGAMY AS PER IPC 494 which shall leads to 7 years of Imprisonment ] by Filing a Domestic Violence Case CMP No: 6543/13 dated 3- Oct-2013 & CC 282/2012 dated 28-9-2012 filed in JM1 Court Tirunelveli & Then transferred without any notification then renamed as CC 361/2013 for the Cr.No.26/2012 which was filled in All women Police Station , Palayamkotai on 27-Sept-2012. Using These Bogus Election ID Card Which is Yet Not Cancelled.
    i) For Enforcement of FORM 7,[Reference rule 13(2),17 and 26],Application for objecting inclusion or seeking deletion of name in electoral roll ,without violating under section 31 of the Representation of the People Act, 1950 ( 43 of 1950) unless I get the Alternate Election Id of Jelin Selva in Thoothukudi,Sattankulam, for Member For Enforcement of FORM 7,[Reference rule 13(2),17 and 26],Application for objecting inclusion or seeking deletion of name in electoral roll ,without violating under section 31 of the Representation of the People Act, 1950 ( 43 of 1950 & to Prove her Fraud to Government & Get my Constitutional Rights as per said in Article 19 to 21,IS STILL NOT REMOVED,
    j)The other people who has Bogus Election ID are: Justin Koilraj.K,Pristabitriklatha.J,Stalin.K,Rofin Nesaraj.K,Dalin Jansi.K are still active and NO Actions are taken and the Election Thasildar in Thovalai has stopped the actions taken on these people showing a Translucent Action Taken on Only The Two People K.Kanakaraj , Selvasaroja.K. Since Robin Nesaraj.K,Stalin.K Are in Samathuva Makal Party they are influencing not to take action on them,
    k) If Election Thasisldar knowingly cheats the Election Commission the Thasildar will be Subjected to Enforcement of Cheating the Government as per IPC & Violation of “The Representation Of The People Act, 1950 Point No : 17 states” No Person to be registered in more than one constituency” if it is done via Bogus Election ID Cards,So Still for Member For Enforcement of FORM 7,[Reference rule 13(2),17 and 26],Application for objecting inclusion or seeking deletion of name in electoral roll ,without violating under section 31 of the Representation of the People Act, 1950 ( 43 of 1950 & to Prove her Fraud to Government & Get my Constitutional Rights as per said in Article 19 to 21 is not Enforced and it remains Hidden,
    l) From The Complaint Petition Enclosure of CMP No: 6543/13 dated 3- Oct-2013 It is Trusted that R1 has Remarried as per the Marriage Invitation dated 23-05-2013 as per her evidence produced in CMP 6543/13 case registered on 3-10-2013 in District Munsif-Cum Judicial Magistrate,Boothapandy,KK District,which suspects that Jelin Selva is having more than 3 election Id cards apart ftom 1) in Thiruvaranganeri using Ration Card No: 28/G/0239147 with the Address Old Door No:13A,New Door No 9, K.K Illam,Thiruvaranganeri, Another using this mairrage details in another dwelling place which can be got from the details in the above said Case CMP 6543/13 case registered on 3-10-2013 in District Munsif-Cum Judicial Magistrate,Boothapandy,KK District,and the Third ID in HFX4803425,Constituency 228, Kanyakumari District.
    m)As per the letter no A.No:50/2014 (D.No:2751/ 26/2)issued by Principal District Judge,Tirunelveli, It is Confirmed that R1 is not living in Tirvaranganeri & is living in some place in Nagerkoil.
    n) As per the letter stating ந.க.எண்:அ4/1452/13, நாள் : 24.12.2013 திரு.சங்கர நாராயணன் ,வட்டார வளர்ச்சி அலுவலர் (வ.உ), சாத்தான்குளம்;தூத்துக்குடி மாவட்டம்
    and
    ந.க.எண்: அ4/1318/09 , நாள் : 24.12.2013 , திரு.சங்கர நாராயணன் , ஆணையர்; ஊராட்சி ஒன்றியம்; சாத்தான்குளம்
    it is stated that Mrs.Jelin Selva in பழங்குளம் கிராமம் சாத்தான்குளம் வட்டம்; பழங்குளம் குடும்ப அட்டை எண்: 28/G/0239147 கதவு எண் ,புதிய எண்:9 (பழைய எண்13A),திருவரங்கநேரி (K.K.இல்லம்),செட்டிகுளம்
    has applied for ” MOOVALUR RAMAMIRTHAM AMMAIYAR NINAIVU MARRIAGE ASSISTANCE SCHEME ” with the documentation of,

    i)Degree certificate (to receive Rs.50,000 amount & 4 grams Gold);
    ii) photo of bride & bride groom;
    iii) bride’ mother photo (மணமகள் தாயார் புகைப்படம்);
    iv) மணமகளின் தந்தையின் ஆண்டு வருமானம் (72000 ரூபாய்க்கு கீழே) சான்றிதழ் ;
    v) குடும்ப அட்டை;
    vi)Degree Mark Sheet;
    vii)Community Certificate;
    viii)Transfer Certificate;
    ix) Marriage Invitation

    Mrs.Jelin Selva has received this amount showing that she in below poverty line in Thoothukudi & in Kanyakumari District .
    o) Aforesaid R1 Father Mr.Kanakaraj has Bogus Ration Card,Ration Card No: 30-G/0199863 in Kristhu Nagar,Thovalai,Kanyakumari District, Which is confirmed by
    ந.க.ஊ 1/3733/13 dated 31.07.13 from திரு.பொ.மீகாவேல்தீபம்,B.Com, வட்டாட்சியர் [ Tahsildar in Satankulam of Thoothukudi District]& R1 has done Two marriages & At present one on 23-05-2013 in each district to obtain this fund even though she is “BELOW POWERTY LINE and has cheated the Government of Tamilnadu & India to obtain MOOVALUR RAMAMIRTHAM AMMAIYAR NINAIVU MARRIAGE ASSISTANCE SCHEME fund benefits” .
    p)As per the FIR Cr.No.26/2012 dated 27-Sept-2012 by R2
    i)R1 has given 60 sovereigns of Gold ornaments and 1.5 lakhs cash ,3 lakhs of Household articles to her marriage in 24-08-2011 &23-05-2013 in the
    and
    in the 498A Criminal Complaint Cr.No.26/2012 filed in All Women Police Station ,Palayamkotai on 27-Sept-2012 by R1 stating ;
    i) R1 has given 60 sovereigns of Gold ornaments and 1.5 lakhs cash ,3 lakhs of Household articles to her marriage in 24-08-2011 in the FIR.
    r) It is well proved that R1 father is BELOW POVERTY LINE & Has No Capacity to give this much amount of Jewels & Cash amounts, But The Jewels & Cash Which were Given By P1 & His Parents are Got By Force Through Extortion & The Jewels Of P1 Mother of 35.5 sovereigns of Gold Jewels is also with R1 Till Now.
    n)So, The FIR Launched against The P1 is For Legal Harassment & Extortion Purpose which is equal to a White Collar Crime.
    o)This Legal Harassment leaded P1 to Central Prison due to False Case Filling & Inside The Central Prison Due To Prisoners Attack Which is Arranged By R1 on 6-Oct-2012 which leaded to STROKE & FITS of P1.
    p)During The Time of Arrest of P1along with P1 mother in His Company cum Home Rs.8 lakhs of Cash By was Shoplifted by R2 [along with 5 lady police & 50 goons in 25 Bikes from R2 side ]from P1 Company Amount and has made P1 Nude along with Undated Cheque [State Bank Of India, Current Account, A/c No: 30621433968, Cheque No: 308042] at the time of Arrest and the Evidence Recorded Laptop HP PAVILION DV 6-7010TX,Serial No: 2CE2131647 was taken by the aforesaid R2 & she tortured P1 Sexually by tying P1 penis by Rubberband & Priking P1 Penis By Hairpin in nide condition in her police station In front of P1 mother & R1,R2 also Took Nude Photographs of P1 & Stil now Threatening that she will misuse the photos & Cheque & Rs.1 Crore which she has previously demanded to P1 on the Inquiry by R2 on P1 stating that R1 Has Given a Complaint On P1 on 25-Sept-2012 and has took P1 Bracelet of 5.5 sovereigns of gold & 5 sovereigns of Gold Chain of P1 which are Gifted by P1 parents at the time of Marriage to P1 and also Demanded Rs.1 crore from P1 as a compensation for R1.

    Details About The All Women Police Inspector R2 :

    a)R2 is a Habitual Offender of Doing These Things & This Came From Her Fathers Personality because Her Father is also A Convict in a Lockup Death Case And The Case is Still pending in the Court & In Her Child Stage Grow up she was used to see this type of things which later turned into a Sexual Offender torturing males & Females to make her Case to be Convicted, she has already face Human Rights Violation Complaints also.
    b))The Then Inspector of All Women Police Station M/s.Lakshmipraba is Doing “Katta panchayat” asking Money Every month Unofficially by threatening P1 parents till P1 returned back to Tirunelveli.
    c) On August 2012 after knowing the man Missing Complaint & Seeing the Threat Email Of R1; P1 returned back to Tirunelveli.
    Details Of Not Filing Of Case Regarding R1 Going with her presently married Person when R1 Left P1:

    a) Since P1 was “Not with his parents Due to the Attack By R2 Parents & Her Elder Sisters Husband Abraham & His Two Elder Brothers Mr.Stalin & Mr.Robin on 23-Dec-2011 along with the boy R1 is recently married, P1 parents gave a to the then C1 Police Station Palayamkotai, Police Inspector Mr. Francis at That time is Also Resend back to P1 Residence Through Registered Post and No Case was Filed.
    b)On 9-4-2012 R2 along with her parents and the above mentioned Elder Brothers along with her Sister & Her Sisters Husband & the boy she has recently married Trespassed into the Residing place of P1 parents and his Aunt & Killed a Dog & Tried to Break The Door & Tries to Kill P1 parents, It is Registered As 170/12 in C1 Police Station But NO FIR is launched & No Action is taken on the Accused of this crime Attempt to Murder.

    2.QUESTIONS OF LAW:

    a) FIFTEENTH REPORT OF LAW COMMISSION , in Christian Marriage Act
    Nullity of marriage,
    Point No:31.contracts are void, as for example,
    when they are illegal or immoral, and some are voidable, as for example,
    when they are brought about by fraud.
    b)As per IPC 494 Bigamy is a Crime ,
    With these Events Stated the Questions of laws are

    a) IPC Section 177
    OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
    & done
    THE INDIAN EVIDENCE ACT, 1872, [15th March, 1872.],
    PART I, CHAPTER II. OF THE RELEVANCY OF FACTS,

    Point 8. Motive, preparation and previous or subsequent conduct.
    “Furnishing false information”
    which leads to a Punishment on her of
    “which may extend to two years, or with fine, or with both.”
    b)IPC Section 90 ,
    Consent known to be given under fear or misconception.
    c)IPC Section 177
    d)IPC Section 203 ,
    Giving false information respecting an offence committed
    e)IPC Section 204,
    Destruction of document to prevent its production as evidence
    f)IPC 211,
    False charge of offence made with intent to injure.
    g)IPC 217
    Public servant disobeying direction of law with intent to save person
    from punishment or property from forfeiture.
    h)IPC 218
    Public servant framing incorrect record or writing with intent to save
    person from punishment or property from forfeiture.
    i)IPC Section 191,
    CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
    Giving false evidence.
    j)IPC Section 192,
    Fabricating false evidence.
    k)IPC Section 201,
    Causing disappearance of evidence of offence
    l) The Respondent with the help of Rev.C.Jebaz.T Abraham has committed FRAUD MAIRRAGE &
    CREATED FALSE MAIRRAGE RECORDS which is assisted by the Brides Father
    Mr.K.Kanagaraj who has Two Ration Cards [28/G/0239147 in Chettikulam in
    tuticorin District, 30-G/0199863 in Kristhu Nagar,Thovalai,Kanyakumari District] & Did
    Fraud [ IPC 205. False personation for purpose of act or proceeding in
    suit or prosecution& Cheating [IPC: 416. Cheating by personation.—A person is
    said to "cheat by personation" if he cheats by pretending to be some other person,
    or by knowingly substituting one person for another, or representing that he or any
    other person is a person other than he or such other person really is ] Proof:
    Monday Petition No: PP/13/05726, Dated: 29-04-2013, In Thoothokudi
    Collectorate,Reply Letter No : Na.Ku.Vu.1/4308-13
    Satankulam,CIVIL SUPPLIES THASILDAR„Dated: 16-5-2013,Forwarded Letter From
    , Civil Supply Taluka Office, Palayamkottai Letter No:S1/181/2012,dated:20-5-2013 & did the marriage violable & nullity,
    The ill conduct of the Respondent with her Elder Sisters Husband M.Abraham [Before Marriage & after Marriage which the Respondent was trying to make her actions was Right and these actions were persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because or the acts and behavior of spouse (Respondent), the wronged party finds it extremely difficult to live with the other party any longer, amount to mental cruelty.
    [under IPC Sec:107,Sec 10-A for abetment, IPC: 416. Cheating by personation, IPC:205 for Fraud ]& Respondent Jelin Selva.K
    has got Chief minister’s Marriage Fund & gold Scheme Benefit in Two Districts in
    Thoothukudi & in Kanyakumari Districts.

    c) As per Article 22 of Constitution of India,

    “All the Courts to-day have ever been in upholding the liberty of the subject.
    But
    that liberty is a liberty confined and controlled by law, whether common law or statute.”
    d) As to
    “how personal freedom is maintained in India”

    as against the Executive,

    the words of the Magna Carta are clear enough,
    viz.,
    that no man can be deprived (i.e ) to hinder from possessing )of his personal freedom
    e) These broad common law safeguards of personal liberty in India may now be noticed.
    f)If
    “anybody’s personal freedom is interfered with without lawful justification”,
    he can—
    (1) regain his freedom through the ordinary Courts,
    (2) sue the person (whether a public official or not) who has arrested to detain
    him unlawfully, for damages for false imprisonment or prosecute him
    criminally

    To such an action brought by a citizen, ‘act of State’ is no defense.

    g )The courts can, however, interfere
    i)only on the ground of absence,
    ii) excess or abuse of authority,
    iii) but cannot revise decisions lawfully taken by the Executive, on the
    ground that the Judges are of a different opinion.

    Of course,
    i) in order to make an executive action lawful,

    ii) it must be in conformity not only with the substantial provisions
    iii)but also with the procedural requirements laid down by the law.
    h)Again,
    when the executive action is something more than an administrative action
    and
    simulates a judicial decision, the courts impose another common law requirement, namely,
    that the decision (which is called quasi-judicial) must be arrived at in compliance with
    the principles of natural justice

    i)Again,
    1) though a law cannot be invalidated on the ground that it violates
    due process (i.e the official and proper way of doing things in a legal case : the rule that a legal case must be done in a way that protects the rights of all the people involved),

    2) the concept of ‘fairness’ involved in ‘due process’ is applied by the
    courts in interpreting the law itself,

    3) so that an individual may escape from
    a)executive encroachment upon his liberty or property
    b) even though the executive action may be
    apparently supported by a law.
    j)Thus, as will appear shortly,—
    (a) In construing (i.e to analyze the arrangement and connection of words in (a sentence or sentence part) statues (i.e study , work, work of art ,study model) depriving (i.e hindering from possessing ) a person of his liberty ,

    [i.e) In analyze the arrangement and connection of words in a sentence of a study model or work model which is hindering from possessing a person of his liberty or property]

    the courts
    1) habitually lean in favor of the individual and
    2) would not support the executive action

    (Limitation seen here is )

    3) unless the terms of the statute (i.e a written law that is formally created by a government ) authorizing the action are clear and explicit.
    (b) No person can be punished for an alleged crime
    unless
    the terms of the statute (i.e the terms of a written law that is formally created by a government ) which creates the offence are reasonably certain.

    (c) The court leaps strongly against an interpretation of a statute
    [interpretation of a statute ----
    It is the act or process of interpreting and applying legislation and The four rules used for interpretation are the literal rule, the golden rule, the mischief rule and the purposive approach]

    k)Here in this Complaint it is Observed to MISCHIEF RULE:

    1st. What was the common law before the making of the Act.

    2nd. What was the mischief and defect for which the common law did not provide.

    3rd. What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth.

    4th. The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.

    (i.e
    1. subtle inventions —- நுட்பமான அல்லது தந்திரமான மனதில் ஏதோ திட்டமிட்டு உருவாக்குதல்

    2. subtle evasions —– Cunningly (difficult to understand & not showing your real purpose) avoiding something that you do not want to do or deal with
    ) (i.e ஏதாவது நுட்பமான அல்லது தந்திரமான செயல் மூலம் தவிர்த்தல் )

    3. pro privato commodo (i.e For private convenience (தனியார் இலாபத்துக்கான)) [Here it is considered for the benefit of the Police which is prejudicially infavour of M/s.Jelin Selva

    4. pro bono publico (i.e .for the public good (பொது மக்களின் நன்மைக்காக)

    which deprives (i.e hinder from possessing)
    the subject of rights of property without compensation and
    i) such intention is not imputed (i.e to lay the responsibility for unjustly) to the Legislature unless the intention is expressed in unequivocal (i.e very strong and clear : not showing or allowing any doubt )terms .
    ii)The presumption is, of course, weakened, in times of national emergency.

    (d) At a criminal trial, the accused is entitled to a presumption of innocence,
    and the prosecution is bound to prove all the ingredients of the charge beyond
    reasonable doubt;subject, of course, to statutory exceptions, relating
    to special cases.

    e)In general, natural justice has been identified with 'fairness' and 'fair hearing'.
    f)Hence, the doctrine that where a statute is silent, 'the justice of the common law' will supply the omission of the Legislature, by reading into the statute a requirement of giving the party an opportunity to be heard ,has come to mean, further, that such opportunity shall be a 'fair' opportunity , and that a statutory tribunal or other authority has a duty to act `fairly and must listen fairly to both sides, and arrive at a decision by a process that was fair to the parties.

    l)THESE MISTAKES ARE IN THE FACTS IN THE FILING OF CASE ARE OBSERVED:

    1. Introductory.-
    Section 190 of the Code of Criminal Procedure, 1973 deals with cognizance of offences by Magistrates,
    Cl. (a) of sub-section ( 1) thereof authorizes any Magistrate
    of the first class or a Magistrate of the second class specially empowered in this behalf to take cognizance of any offence upon receiving a complaint of facts which constitute such offences.
    Chapter XV of the Code of Criminal Procedure, 1973 refers to complaints to Magistrates.
    Chapter XVI of the Code deals with commencement of proceedings before Magistrates.

    2. Failure to examine complainant before issuing process.-
    a)The failure to examine a complainant before issuing a process is not an irregularity mentioned in Sec. 530 (Sec. 461, new) of the Code. Such a failure, is a breach which can be regarded to have affected the validity of the subsequent proceedings only if the accused can be said to have been prejudiced thereby and/ or there has been a failure of justice as a result thereof.
    b)In this case, though the
    complainant was not examined before issuance of process, he was examined as a witness in the case and full opportunity was given to the accused to cross-examine the complainant both before and after charge.
    c)In that view of the matter, one fails to understand what
    prejudice or injustice has been caused to the accused because of the Magistrate omitting to examine the complainant when he took cognizance of the offence and before he issued
    process.
    d)The irregularity, therefore, does not invalidate proceedings.
    e)The matter is left to the judicial discretion of the Court whether on examining the complainant and the witnesses if any as contemplated by Sec. 200 to issue process or to postpone the issue of the process.
    f)This discretion which the Court enjoys cannot be circumscribed
    or denied by making it mandatory upon the Court either to hold the inquiry or direct
    investigation.
    g)Such an approach would be contrary to the statutory provision.

    h)Where the learned Magistrate has directed the S.S.P. to investigate of the complaint which- was directed against some of the subordinate police officials working in the same district, it cannot be said that the order was illegal.

    3. Examination of a public servant who makes a complaint.-
    a)When the law does not enjoin a duty on the public servant to make complaint and, the public servant makes a complaint, he does not do so in discharge or in purported discharge of his official duty.
    b)In the instant case the law did not enjoin any duty upon the doctor to make a complaint even though he might have been obstructed in the discharge of his official duty when the occurrence had taken place.
    c)Therefore, it was essential for the Sub-divisional Magistrate to examine the complainant on solemn affirmation before he proceeded further in the case.
    d)When the irregularity has come to the notice of the High Court at an early stage of the proceeding, it cannot be allowed to remain.
    e)The result, therefore, is that the order of the Sub-divisional Magistrate taking cognizance against the petitioner is hereby set aside and the case is sent back to the Chief Judicial Magistrate, Siwan, who will examine the complainant on oath and then proceed according to law.
    4.Issue of process under Sec. 204 of the Code of Criminal Procedure.-
    1)Under Sec. 204 of the Code of Criminal Procedure the Magistrate does not enjoy an unrestricted power to summon a person, at his whim, fancy or caprice simply because a complaint has been filed against him.
    2) Although strictly speaking it is no requirement of Sec. 204 that an order directing issue of process against the accused be supported by detailed reasons, nonetheless this order has to be made by the Magistrate after applying his judicial mind to the material on record and this application of mind must be exhibited in the order itself in one way or the other.
    3)An order passed by the Magistrate without application of such mind would be without jurisdiction and liable to be quashed.

    5.Complaint barred by limitation-Maintainability of.-
    a)Section 199 of the Code of Criminal Procedure makes a special provision regarding prosecutions for defamation.
    b)Section 199
    (1) requires that the complaint should be made by the person aggrieved by the offence. If,
    however, the person aggrieved happens to be a Minister of a State, the Public Prosecutor
    could file the complaint after obtaining the previous sanction of the State Government.
    Section 199 (5) however provides that no Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed.
    c)Section 199 (6) has provided that the person defamed can make a complaint before a Magistrate having jurisdiction to take cognizance of the offence upon such complaint.
    d) If the complaint had been filed by the Minister himself as any other person aggrieved, the Court's power under Sec. 473 of the Code of Criminal Procedure is attracted.
    e)In as much as Sec. 199 (5) made a special provision that in all cases where the Public Prosecutor made the complaint, it shall be filed within the six months from the date on which the offence is alleged to have been committed, power under Sec. 473 of the Code of Criminal Procedure cannot be invoked to extend the period of limitation prescribed under Sec. 199 (5) of the Code of Criminal Procedure.

    f) Therefore the complaint was barred by limitation.

    6.Jurisdiction to entertain a complaint under Sec. 500 of the Indian Penal Code.-
    a)Absence of any valid allegations in the complaint cannot be made good by evidence during trial.
    b) Cause of action is the allegation in the complaint. c)Absence of extractions of the words which constitute defamation in the complaint or production of the defamatory material in its entirety is a defect in the complaint which cannot be cured at a subsequent stage in the course of trial. d)It is the duty of the Court to prevent abuse of the
    process of the Court.
    e)Hence, the complaint cannot be permitted to be proceeded with.

    Citation:
    a)The consequence of the statement made at Chandigarh has been completed at Bombay by circulation of the said newspaper therefore, the offence of defamation is complete in the City of Bombay.
    b)In view of the provisions of Sec. 179 of the Code of Criminal Procedure, both the Courts at Chandigarh and at Bombay, will have jurisdiction to entertain a complaint under Sec. 500 of the Indian Penal Code.

    7.Non-mention of presence or otherwise of witnesses in the order-sheet.-
    a)The words
    i) "if any" immediately after the words
    ii) "and the witnesses present" is a clear indication that the Magistrate shall examine the witness of the complainant, if they are present
    b)and if they are not present the Magistrate is not bound to examine any of them or make a mention of the same in the order-sheet, though it is desirable for the Magistrate to mention it in the order-sheet about the presence or otherwise of the witnesses.
    Here in this Complaint It is said the event happened within ONE k.m of the police station, But No Police has Seen is recorded,
    A Sentence Mentioned in The FIR states " The Road in the People shouted at the accused , But

    8. Legality of cognizance taken on the complaint filed by Investigating Officer.-

    79 C.W.N. 107 in the Supreme Court after considering Rishbud v. State of Delhi,and Bhagwan Singh v. state of Rajasthan deduced the following principles-

    (a) that a proceeding instituted on a charge-sheet submitted on the basis of an
    investigation conducted by an officer who himself is the complainant is not violative
    of any mandatory provision of law nor is the same a nullity;
    (b) that an officer who is the complainant should not however ordinarily take up
    investigation of case instituted upon his complaint as it may prejudice the accused
    persons against whom charge-sheet is ultimately submitted;
    (c) whether prejudice has been caused or not or whether the credibility of the
    prosecution case has been affected will always be a question of fact and as such will
    depend upon the facts of the particular case.

    9.Cognizance of offence should not be based on extraneous (கேடு விளைவிப்பவை) matters.-
    a)Under Sec. 202 of the Code of Criminal Procedure a Magistrate has to choose one of the two alternatives namely, ( either to enquire into the case himself or (ie) to direct an enquiry or investigation.
    b)The Magistrate therefore, has to form an opinion either in favor of the complainant or against him on the basis of the said enquiry and after considering the statement on oath of the complainant and his witnesses, if any, and the result of the investigation or enquiry if any, under Sec. 202, he does not feel satisfied that a prima-facie case was made out for issuing processes against the accused, he may dismiss the petition of the complainant after briefly recording the reasons therefore.
    c) If, however, in his opinion, there is sufficient ground for proceeding in the matter, he shall issue process and proceed under Sec. 204 of the Code.
    d)Reference in this connection may be made to a decision of the Supreme Court in Chandradeo Singh v. Prakash Chandra Bose.
    e) In this case the Supreme Court has held that the decision of the Magistrate taking cognizance should not be based upon extraneous matters and if that is so, the proceedings would be vitiated (களங்கம் உண்டாக்குகிற).
    f) The inhibition would apply with equal force either where a Magistrate has to dismiss a petition of complaint under Sec. 203 or to issue process under Sec. 204.

    10.Cognizance of offence and not of offender:

    a)Once cognizance has been taken by the Magistrate, he takes cognizance of an offence and not the offenders; once he takes cognizance of an offence, it is his duty to find out who the offenders really are; and once he comes to the conclusion that apart from the persons sent up by the police, some other persons are involved, it is his duty to proceed against those persons.
    b)The summoning of the additional accused is part of the proceedings, initiated by his cognizance of an offence.
    c)As pointed out at the outset, the police had submitted a charge-sheet only under Sec. 332 of the Indian Penal Code, and the Magistrate had taken cognizance of the. case and had even commenced the trial within the meaning of Sec. 238 [old Sec. 251-A (l)] of the Code of Criminal Procedure by furnishing copies of the requisite documents to the accused and then by fixing a date for their statements and framing of the charge.
    d)The result, therefore, is that here the cognizance had been taken by the Magistrate of an offence under Sec. 332 of the Indian PenalCode and not under Sec. 323 of the Indian Penal Code.

    Here in this case ,
    CRIMES WITHOUT VICTIMES & VICTIMS WITHOUT CRIMES are taken place.

    Since (R1) needs (A1,A2,A3) VICTIMS WITHOUT CRIMES to be punished with vindictive aim & to hide her Fraud & Other Allegations Against her ,(R1) used Domestic Violence Act To make The Cr.No: 26/2012 which is filed as CMP No: 6543/13 in District Munsif-Cum Judicial Magistrate,Boothapandy ,Kanyakumari District with the help of contemporary lawyer -bashing & contemporary gender based bashing by mixing
    1)Deep Pocket Theory in Tort &
    2) Brutum fulmen which is said in Sec 34 of Specific Relief Act 1963
    and made CRIMES WITHOUT VICTIMES (which can be punished when they are discovered)

    m)CRIMES WITHOUT VICTIMES:

    There is a group of offenses that come under the heading of crimes without
    victims (Schur, 1965). Their common characteristic is that they involve consensual
    participation, that is, the parties to the illegal event engage in the behavior voluntarily.
    No participant complains about what occurs. It is the state in the form of the criminal
    law that objects and penalizes those caught in such behavior.

    Much as someone would purchase the services and skills of
    a plumber or a lawyer. Indeed, in contemporary lawyer-bashing, the practice of law
    is sometimes equated to prostitution because many attorneys sell their wares to any
    party possessing the wherewithal to buy them, regardless of their own view about
    the guilt or innocence of the client

    contemporary lawyer -bashing — தற்கால வழக்கறிஞர் தாக்குதல்

    “i.e) contemporary lawyer -bashing – - – - existing at the same time by group or peer influence used to denounce or accuse in public the attack and admonish the attackers by comparing them to perpetrators or persons who commits illegal actions and crime such as physical assault.”

    Contemporary lawyer -bashing is an “ad hominem” (appealing to one’s prejudice, emotions, or special interests rather than to one’s reason) using Brutum fulmen (i.e): a futile threat or display of force) mentioned in Sec 34 Specific Relief Act.

    Brutum fulmen states: It is not every fabrication of evidence that would be enable a plantiff (here M/s.Jelin Selva) to come before a court of law to claim a declaration,thus a decleration is not granted when the transaction to be declared void would on the plaintiff’s (here M/s.Jelin Selva) own allegation be but a brutum fulmen against her.

    Here,

    n)VICTIMS WITHOUT CRIMES:

    To be temperate about such a decision is difficult. In its savage proclamation, it ignores any impulse of charity or compassion. It proclaims a morality that is smug, ignorant, and vindictive.
    In a civilized society, a man who finds himself with a helplessly ill person who has no other source of aid should be under a duty to summon help, whether the person is his wife, his mistress, a any person , or a Chief Justice. The Beardsley decision deserves emphatic repudiation (Hughes, 1955:624).

    i.e)

    To be temperate (emotionally calm) about such a decision is difficult. In its savage (merciless malicious furious battle ) proclamation ( (an official announcement, especially about something important, or something that affects everyone) it ignores any impulse of charity or compassion. It proclaims a morality that is smug ( highly self-satisfied ), ignorant, and vindictive (intended for or involving revenge ; showing malicious ill will and a desire to hurt).
    eg:
    Cigarete Smoking: Cigarettes are said to “cause more deaths than any other recognized lethal agents, including all the known bacteria, known viruses, bullets, wild animals, chemical poisons, and even the American automobile” (Kluger, 1996:204).

    By and large, law enforcement activities have proven ineffectual for controlling
    victimless crimes: for instance, longstanding statutes outlawing the behaviors seem
    to have made little impact on the extent of drug use

    These are offenses that “do not result in anyone’s feeling that he has
    been injured so as to impel him to bring the offenses to the attention of the authorities”
    (Packer, 1968:151). Packer identified a number of conditions that he believed
    should be present before criminal sanctions are invoked, including:

    • The conduct must be regarded by most people as socially
    threatening, and must not be condoned by any significant segment
    of the society;
    • It can be dealt with through evenhanded and non-discriminatory
    law enforcement;
    • Controlling it through the criminal process will not expose that
    process to severe qualitative or quantitative strain; and
    • No reasonable alternatives to the criminal sanction exist for
    dealing with it.

    The record shows that such considerations have led to the steady decrease in the number of “victimless” behaviors that come within the scope of the criminal law.

    The various behaviors categorized as “crimes without victims” are arousing considerable public controversy,
    including such matters
    i) as physician-assisted suicide and
    ii)the right to use
    marijuana to ease a medical condition if a doctor prescribes the drug.

    o)DEEP POCKET THEORY IN TORT:

    Of course, even if there is no deep-pocket effect injury verdicts, it is still possible that deep-pocket biases exist at other. points in the tort process; e.g., in decisions by claimants to file a lawsuit, or in decisions by plaintiffs’ (here M/s.Jelin Selva). attorneys about which cases to pursue and which to turn down. Recall that a deep-pocket effect in claiming behavior would indicate that injured parties (and possibly even some noninjured parties) differentially seek out wealthy targets for compensation.
    A deep-pocket effect in lawyer behavior would indicate that plaintiffs’(here M/s.Jelin Selva). attorneys are more likely to accept cases that involve deep-pocket actors who might be named as defendants.
    As in the jury context, at least two conditions must be met to demonstrate a deep-pocket bias in claiming or in attorney behavior:
    (1) Deep-pocket targets must be treated differently from shallow-pocket defendants in similar situations, and
    (2) this effect must be attributable to their wealth and not to some other factor. However, it is less clear whether a deep-pocket effect should be labeled a “bias” in the case of claimant or attorney behavior.
    It is helpful to distinguish two types of situations. In the first, there is compelling evidence that a
    defendant is at fault for harms, but the defendant does not appear to have the financial resources needed to
    compensate the plaintiff(here M/s.Jelin Selva).
    If so, it might be quite reasonable for the potential claimant and attorney to forgo the lawsuit. Such decisions would reduce the number of lawsuits filed against “shallow-pocket” defendants, contributing to a deep-pocket effect.
    From a public policy perspective, such decisions prevent protracted and expensive litigation that would be unlikely to serve a compensatory purpose, although the litigation might have served valid punitive or deterrent objectives.
    In the second type of situation, the defendant clearly has the financial resources to compensate the plaintiff (here M/s.Jelin Selva)., but the evidence of fault is less compelling. If claimants and attorneys pursue such cases, this also would contribute to a deep-pocket effect, but the public policy consequences would be less desirable.

    C)GROUNDS:

    Petitioners Claim:
    Since the root
    1)principle of law married to justice, is ubi jus ibi remedium.

    i.e)” where there is a right there is a remedy” ,

    showing
    2)Aequitas est quasi aequalitas is a Latin maxim which means ‘equality is equity.’ [Though People are Classified as men and women justice remains the same]

    Fraud and justice never dwell together" (fraus et jus nunquam cohabitant).
    3)Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. Fraud and deception are synonymous. "
    4)Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine".
    Fraud and justice never dwell together" (fraus et jus nunquam cohabitant). Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. Fraud and deception are synonymous. "Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine". An act of fraud on court is always viewed seriously. (Vide: Meghmala & Ors. v. G. Narasimha Reddy & Ors., (2010) 8 SCC 383)
    10) An act of fraud on court is always viewed seriously. (Vide: Meghmala & Ors. v. G. Narasimha Reddy & Ors., (2010) 8 SCC 383)

    D) PRAYER:
    (i) To verify the Complaint Statements & LAUNCH LEGAL CASE ON R1 along with the Supporting member All Women Police Station Then Inspector M/s.Lakshi Praba With the Help Of FREE LEGAL AID COMMITEE using section 12 (reason is P1 after Stoke & Fits is not able to do any job & Is Jobless )& help P1 to get the Disability Certificate of P1 from Prison Doctor to get MEDICAL Treatment AID & along with Evidences & Verify The Facts Enclosed in the Complaint along with the FIR COPY &pray for justice
    (ii) to pass such other orders and further orders as may be deemed
    necessary on the facts and in the circumstances of the case.
    iii) To make a sagacity[ the quality of being sagacious; quickness or acuteness of sense perceptions; keenness of discernment or penetration with soundness of judgment], showing Aequitas est quasi aequalitas is a Latin maxim which means ‘equality is equity.’ [Though People are Classified as men and women justice remains the same],Ratio Decidendi [i.e)“the reason for the decision.” Ratio decidendi refers to the legal, moral, political and social principles on which a court’s decision rests. It is the rationale for reaching the decision of a case. It is binding on lower courts through the principle of Stare decisis, By distinguishing material facts from unimportant facts.] & provide redress (i,e நிவர்த்தி செய்) [to remove the cause of (a grievance or complaint)]

    5. AVERMENT:
    Verified that all that is stated above is true to the best of our knowledge, information and belief.
    Dated this the 11 day of March 2014.

    FILED BY:

    DRAWN:10-03-2014
    FILED ON: 10-03-2014

    Enclosures:
    a)Marriage Certificate Attested Photocopy.
    b) M/s.Jelin Selva Election Id Card No: HFX0803425 in Assembly Constituency No:228 Kanyakumari District Photocopy.
    c) ந.க.ஊ 1/3733/13 dated 31.07.13 from திரு.பொ.மீகாவேல்தீபம்,B.Com, வட்டாட்சியர் Stating Dual Ration Card Photocopy.
    d)Mr.Kanakaraj Ration Card in Tiruvaranganeri Photocopy.
    e)M/s.Jelin Selva Mail Dated 23 Feb 2012 Photocopy.
    f) 170/12 Receipt dated 9-4-2012 From S.I of C1 Police Station ,Palayamkotai ,Attested Copy.
    i)No:76524 Admission of Ratna Kumar.J in TVMCH on 05-11-12 for Seizure Disorder Attested Copy.
    i)Satankulam Thasildar Reply Letter For Chief minister Special Cell Petition No: 756001(W)/22.1.2013 அ4/1452/13 நாள் : 24.12.2013 , அ4/1318/09 நாள் : 24.12.2013 Photocopy.
    g) Monday Petition Thoothukudi Petition Details: PP/13/10137 dated 08/7/2013 for Bogus Ration Card Enquiry,TT/13/07479 , 10/06/2013, PP/13/10137 dated 08/07/2013 , the Fraud Marriage Petition was Inquired and Accepted but reply letter is still pending Photocopies.
    h) Jail Doctor Remand Prisoner No.5699 Medical Report Photocopy.
    i) Malai Murasu Paper News on 28-Sept-2012 ; Junior Vikatan 24-2.13 Details of SexTorture of Ratna Kumar.J by Allwomen Police Inspector M/s.Lakshmi Praba.
    i) Prison Superintend Letter for Remand Prisoner Id: 5699/2012 dated :8.10.2012.

  87. Reshma Kazi says:

    If the male member of the family harass the female mentally or physically, she can lodge a complaint to the police as per which act?

  88. naresh kumar arya says:

    Sir,a women who is neibhour asked me to deposit ₹50000 in a company named g.l.oversrs India and in return I will get ₹80000 after 7 months.but 8months has passed.office had been closed.the same women now say that she is bot liable for the loss..can I lodhe an f.i.r.against that women..plz..guide.

  89. Deepak says:

    sir,
    my sister-in-law is threatening my whole family to lodge a wrong complaint against us for mental torture and she is saying she’ll make everyone behind the bar and make everyone suffer. So please help me how to tackle her and how to come out of this problem.

  90. vivek cse says:

    An FIR is made against unknown for a murder case. Police is saying they can arrest any people. And they are not suppose to show arrest warrant and not to tell any thing to a person why they have arrested. what is correct way to treat with this ?

  91. Sanju says:

    Sir,
    My friend’s wife committed suicide by burning herself. the body was sent for postmortem after 72 hrs, waiting for her relative to come. In postmortem report it is shown that the cause of death is asphyxia due to strangulation, no carbon particles seen in trachea. Since, she committed suicide herself and no body were present at the time of death. the dead body’s tongue protruded out over a period of time (48hrs), because of that everybody including postmortem doctor is thinking that its a murder but not the suicide. Now the problem is girls parent filed a case for dowry (304)and 302. Now the whole family is in problem.
    Kindly suggest the right move. Can he demand for crime branch investigation for the incidence so that they can at least do the proper investigation & what is the procedure for that. I think police is doing investigation with misconception that its a murder but actually that is not the case.
    Kindly suggest the solution…..please

  92. vikram says:

    hello sir,my dad is working in central govt. railway D grp employee from 1983 in mumbai. in up there was a hometown and my grandpa is 84 yrs mentally disturb writes all land property to my uncles wife.we leave all but want a half share in the house which dad made. uncles wife file a complaint against my dad,but my dad and me are living in mumbai.they want to make trouble and want to trap in cases due to that govt. service get lost.and also they want complaint against me as my study get destroy. what can i do ?please guide me sir. we want to file a case aginst uncles wife a diwani and stay order on houses and all agricultural field. we have a proof of panchayat on stamp paper that shows my dad and uncle are grandpas child and written that equal partition and written that both child can live separately after death. but otherhand he writes the all property to uncles wifes name as BAINAMA REGISTER in 22nd Jan 2013.and we saw all this in april 2014.

  93. Selvam says:

    Dear Sir,

    My family is staying in village, Tamilnadu and its our hometown. There was a road tresspass civil dispute past several years against the village people. The judgement was given by sub court and the land is in our possession. One day the village people joined together and beated us in our house but the police and village people joined together and filed fhe FIR sections 147, 148, 294b, 323, 324, 506(1) and woman harassment act against one individual family. We are the only one family MBC other communities are majority. Is there any chance to quash the FIR.

  94. jaya says:

    a police constable lodged a fake fir under section 353 186 against me,m a government officer and when the incident happened, i went to the local thana ti immediately and asked to file fir against constable but he said k it is just a simple and little thing madam need not to lodge fir,you just give a complaint letter in two lines otherwise you too know the government rule it will effect on the job of this poor person,i will handle the situation dont worry. i too thought lets cooperate them and just gave the letter as i too was in hurry to see the doctor, then i come to know later that an fir lodged against me under these section by the constable. now please advise me what to do and how to prove that.

  95. Chitresh Sharma says:

    Dear Sir,
    my query is related to section 138 Negotiable Instruments Act.
    As per proviso (b) of the said section it states that a legal notice should be served within 30 days from the date the bank memo of non payment is received. But it does not specifies that what period has to be taken in consideration.
    Is it that within 30 days the information should reach drawer and he should receive notice or it is the period of sending notice .

    My second query is that in case a retiring partner who has been authorized to use an old firm account ask his share from the continuing partner and they issue a cheque in the name of the company that was for old account which was begin managed by retiring partners gets dishonored then on who’s behalf the legal notice should be prepared ?

  96. mallikarjun says:

    hiii dis z mallikarjun from andhra pradesh recently during the elaction a street brawl with another group nothing happend to any one even booked a case on me iam studying mtech does i miss chance of aply govt jobs

  97. Dear Sir,

    There is a false police complain case against my brother for kidnapping about a adult girl, which is untrue.
    Case – my brother and that girl were good friend during school time, but not in touch nor any relation for last 3 years,that girl has run away from her home in Jan 2014 with other guy or alone(No idea). her mother has make complaint about kidnapping and other things, about brother and that girl was in relation and get married which is untrue,as per police investigation,there was not any healthy relation between mother and that girl. So, kindly help regarding this crime.
    Thank you.

  98. Ito says:

    Hi I want to know what would be IPC code for Harassing by email. Previous company I took resign because I need to leave the country within 1 month. So I sent immediate Resignation emails to boss. And next day I hand over all the property of company which I was using in front of Admin and boss. After few days later he sent a email of accusing that I own lot of company property and also harassing that they will take legal action in this. But also when they gave me appointment letter it is mention that Salary amount (Bonus)which is fix will be paid to you as variable salary after completing one year with the company. But they had not gave me anything but they changed there mind and said in verbal that next year we will give it to me. That is totally cheating and they had not gave me any kind of written for this but they are saying that I had not served notice for one month and owning company property so they will take action. Please let me know about this things.

    Thanks

  99. azra says:

    I got married with a person knowing him as a DIVORCEE and issueless now got know that he never divorced his wife and even had a 6yrs old child. I am a MUSLIM lady. Kindly respond how could I go for legal action against that man? And as I came to know this to save himself he has sms me TALAQ.

  100. Renuka says:

    My husband who is an NRI committed Bigamy. I am taking the initiative to file a bigamy case here in Thane, Maharashtra ,India.Can i include his family members for conspiracy in my petition? Kindly advice.

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