Respected Sir /Madam, can investigating officer add more accused and section in FIR after submitting final report? My sister had given a complaint to the SSP against her husband and in-laws ( against 8 persons). The SSP had marked my complaint to the women cell for enquiry. After enquiry by the woman cell and according to their enquiry report the police station had requested a FIR u/s 406, 498 - A IPC Against her husband , father-in-law and mother-in-law i.e 3 accused persons.
Remaining Five persons neither attend the proceedings of the enquiry of the woman cell although send the normal statement but not denying the allegations in the complaint. Three accused persons were already on anticipatory bail and joined the investigation. No charge sheet ( Challan ) had been present in trial court .
My sister had filed an application before the SSP to initiate a parallel enquiry to three accused and five other persons ( whose name in the previous complaint letter) . My application is marked to SP (d) for further enquiry/ Investigation . The SP (d) had issued Notices on email and whatsapp U/S 91 Cr.PC for personal Appearance in SP (D) office on a fixed date and time.
On the fixed date no one is present. But after 2 days the one page reply was sent to the SP (D) Reader on his whatsapp. But in this reply they are not denying the allegations . Again SP ( D) office issued the notices on their whatsapp and email address for personal appearance on 7/6/2022 at 10 AM sharp.
My questions and queries to you are as follows:- 1. Can a SP (D) had without issuing the notices to the accused (s) to order the additions of the sections of IPC in the FIR inspite the sections 406, 498 A IPC. against the three accused. 2. Can a SP ( D) after issuing Notices to 5 other persons register a FIR against five other persons. 3. According to my sister's statement and four other statements by eyewitnesses in the mahila thana , pictures , bills and other documents were also annexed in the police file . 4. The said FIR is registered on the allegation of rupees 1,00,000/ - given at the time of marriage.
The demand of alleged dowry amount RS one Lac is also supported by three accused and five other persons whose names are in the complaint letter . Out of rs. 1,00,000/- ( one lac) investigation officer recovered Rupees 20,000/- at the time of investigation. Remaining 80,000/-and other dowry articles , Stridhan , cash Sagun , gold ornaments, gifts etc are still in the possession of three accused as well as five other persons also. In this regard my statement and other four eyewitness statements are also on police file.
It is here mentioned that previous FIR was registered only three accused after the enquiry of the woman Cell and DSP level report. This parallel enquiry is marked by the SSP to the SP (D) for further investigation. But the SP (D) had no issues to the Notices to the three accused. They issued Notices to Five other persons . Please tell me :- Can a SP (d) have power to register the case to five other persons? And or to add the sections of IPC against the three accused without any issuing notice . If the FIR is registered against five other persons the FIR number will be the same?
The investigating officer has power to add the name of additional accused in the further investigation. Investigation does not conclude after submitting a report to the magistrate under Section 173 of the code of criminal procedure.
Section 173(8) of the code of criminal procedure empowers the investigating officer to carry on the further investigation, if new evidence or materials he received in the same case crime number.
The investigating officer cannot lodge another FIR in respect of the same crime. Hence, he has to add the additional accused in the same FIR. Because of this the investigating officer has added more sections and accused in your FIR.
How to know if an FIR has been filed or not? Somebody lodged an FIR in the police station on theft of ornaments. The theft case prima facie seems to be false. But the police are calling me with the benefit of doubt. I don't know whether the FIR has been registered or not. What should I do?
Whenever an FIR is lodged the police officer sends a report to the concerned Magistrate under Section 157 of the code of criminal procedure.
You can get the information about the FIR from the district civil court. You should file a questionnaire in the registry section (najarat) of the district civil court along with requisite court fee.
Next day the najarat will answer your question and also provide the FIR number if any first information has been lodged against you.
Is physical punishment allowed in schools in India? I am XXX, I am studying in 9th class in a Christian school of Balotra, Rajasthan. It is a CBSE school. But the teachers keep beating students when they don't do their homework or when they are not able to answer a particular question. So I want to ask, is physical punishment allowed in schools of India? I had searched for it on the internet but didn't get a straight answer.
The teacher can treat the student strictly to maintain discipline in class. His act is protected by the provisions of Section 76 & 79 of the Indian Penal Code. Act done in bonafide mistake or having reason to believe that he is bound/justified by law to do it, shall not constitute any offence.
Hence, the teacher cannot be prosecuted for beating a student if he did so in order to teach him or maintain discipline in the class. You should obey the order of the teacher and be conscious to study. Don’t search such a thing on the internet about physical punishment allowed in schools in India or that teacher has the right to beat or take stringent action against the student.
My son is facing a serious heart ailment and surgery is required as soon as possible. I am a retired government servant and receiving a pension. According to the pension rule, the medical facilities are given to the retired government and his dependents. When I approached the government for providing financial help in the treatment of my son. It has refused stating that the son is not a dependent. Whether a son is dependent in respect of availing medical facilities of a retired father?
Medical Rules have been framed regarding the medical attendance of government pensioners. The rules further apply to pensioners entitling them to get treatment, free of charge, available in the government hospitals of the State.
However, government pensioners are not entitled for reimbursement of expenses incurred for their treatment outside the State.
The medical facilities of pensiones is also extended to his family. Wife/husband along with a pensioner and children jointly constitute a family.
So far as a child is concerned, if he is wholly dependent on his father then he comes under the meaning of family. Therefore, entitled to avail retiral benefits of his father/mother.
If your son is wholly dependent upon you then you have a right to reimbursement of the amount incurred in his medical treatment. The government shall reimburse the entire medical bills excluding the travelling allowances.
Thus a pensioner and his family shall get free medical treatment on the expense of the state. If a son is financially or physically dependent upon his father he is said to be a dependent.
I am a sixteen years old son of a deceased father. My father died in 2020 due to covid. Now I am facing financial problems and cannot carry on my studies. My mother is living with her brother in Kolkata and I am living with my grandfather. After the death of my father the entire pension has been withdrawn by my mother. In this situation the distribution of family pension between minor son and widow is possible or not.
First of all you should do some inquiry about the name of nominees in the pension papers of your father. If your name has been mentioned therein as a nominee then you are entitled to get 50% of family pension until you attain a certain age. In this situation your mother is not entitled to receive the entire pension.
If your name has not been mentioned in the pension papers as a nominee then you should move a representation to the head of the department and demand to disburse the pension between the son and widow of the deceased pensioner.
In that representation you should enclose a copy of the family register, death certificate of your father and your age certificate. A minor son is also entitled to get a certain share in family pension because he is also a dependent. The dependent son is entitled to avail retirement benefits of pensioner.
In Soumen Kumar Mondal v. Union of India, 2016 SCC OnLine Cal 2216 the Calcutta High Court has held that a minor son will continue to draw 50% of the family pension till he attains the age of 25 years. Thereafter the widow would be entitled to the entire amount of the family pension.
Therefore, distribution of family pension between minor son and widow is possible if the son is minor and not able to maintain himself.
What to do when a data entry company demands more money than agreed? I belong to a small village in Haryana. I filled out a form for data entry work from home. I got a call and asked me to join on a condition of paying 6500 rs. They told me that 6500rs. will be detected from my first salary and if I will not complete the task in time I.e filling 600 forms in 6 days then too I have to pay them 6500rs.
Because of some reasons I couldn't complete my work. Now they send me a legal notice through email and asked for 8500rs as yesterday was Sunday and I didn't pay them.What should I do? They are saying that they have filed a case against me.
The company is demanding more money and threatening you to lodge a criminal case against you. This proves the offence of extortion. Company has no right to claim that amount which is two thousand more than the agreed compensation amount.
This demand is an act of extortion. You should lodge an FIR against the data entry company. According to the terms or agreement you have to pay six thousand five hundred rupees when you failed to complete the work in the stipulated period.
My husband bought some money for finance on weekly payment. I don't know how much. He told me on Sunday I will return totally. Now my husband has passed away, the finance person is calling me and asking for money. God promised I didn't have anything in my hand. Finance company demanding money from me after death of my husband. I'm having a 6 month baby, now I'm totally zero. That's nothing at all to sell . Please help me sir if there are any problems for us.
After the death of your husband the finance company can recover the debt from the assets of the borrower. So, you are liable to repay the loan amount.
If there is nothing in your hand to sell and pay the debt, let the finance company proceed with the recovery proceeding through the court. If any recovery agent is trying to extort you or is threatening you then you should immediately lodge an FIR against him.
I have lodged innumerable written complaints and unaccountable email petitions against the additional district judges for their intentional failure in following the established legal procedure. Complaint is regarding the judge for pronouncing the judgement without issuing me the summons notice before judgement in form no 4a of appendix 'b as required under sub rule (4) of rule (3) of the order xxxvii of the civil procedure code,1908. However, there was a petition filed before the high court for the expedite hearing.
You should move a written complaint to the administrative judge of the concerned district. That complaint should contain irregularities committed by the judge.
You are going to initiate a proceeding against a sitting judge therefore, your complaint must contain credible evidence which tends to prove the grave misconduct of the judge.
Misconduct should be grave in nature because if there are curable irregularities in the judgement, it can be cured by the superior judge in appeal.
Your complaint must prima facie prove that the judge acted deliberately and knowingly to cause wrongful loss to the complainant (you) and wrongful gain to that person in whose favour that judgement has been passed.
The complaint should be made on the affidavit and adduced along with the copies of order sheet and erroneous judgement.
What to do when summons are returned due to insufficient address? If the respondent returned a summons as insufficient address. What’ll happen now? What is the procedure for the next proceedings? The matter is related to limitation period in respect of cancellation of probate.
In this situation you should produce the correct address of the defendant and request the hon'ble court to issue a fresh summons on that correct address.
The plaintiff is responsible to adduce correct address of the defendant and take all the steps to service summons on the defendant. This is your fault so you should rectify the defect in the address of the defendant.
Can the court stay the maintenance case filed under Section 125 crpc. A suit for nullity of marriage is pending and the alleged wife filed a petition for maintenance. Is a stay available in Section 125 Cr.PC?
It is not possible for the court to stay the proceeding of Section 125 crpc because the husband has filed a civil suit for the nullity of marriage. It is an undisputed fact that she is still your legally wedded wife. It is settled law that a legally wedded wife is entitled for maintenance under Section 125 crpc.
You have filed a suit under Section 12 of the Hindu Marriage Act 1955. The court has admitted your case and issued notice to your wife. This case is still pending.
So, during the pendency of the suit filed for nullity of marriage the court cannot stay the maintenance case filed under Section 125 crpc. Husband is bound to maintain his wife if he is able and has the capacity to earn.
In this situation your wife is also entitled to receive interim maintenance under Section 24 of the Hindu Marriage Act 1955 if she moves an application therein. Conclusion is that the court cannot stay the maintenance case filed under Section 125 crpc.
