Criminal Law

Embezzlement of paid electricity bills

Complaints regarding embezzlement of paid electricity bills were made by consumers in the division office of the electricity board against lower class employees. Statements of consumers were recorded in the division office. After that an FIR was lodged against the concerned employees. 

Whether statements recorded by the divisional officer of electricity board before registration of FIR have any legal value? Whether these statements come under 161 crpc statements? Whether bar of crpc 162 applies to these statements. Whether all the preliminary enquiry/ proceedings done by divisional officer before registration of FIR comes as a part of investigation? Whether contradiction of witness as per section 145 of evidence act could be done on the basis of such statements.

Bail in dowry death cases : when the court can reject the bail

Can my son in law get bail in a dowry death case? When does the court reject the bail? My son in law has murder my daughter and hanged his body with ceiling fan. We got the information on mobile phone that my daughter has committed suicide. there was a demand for dowry, right from the beginning of the marriage. My son in law demanded a car which is out of our financial capacity. Hence, he murdered my daughter and committed dowry death. 

They are very influential people and they can manipulate the investigation. When we reached the house of my son in law we saw that the dead body of my daughter was hanging by the ceiling fan. There were so many people present and local police officers were also present. In the presence of the Deputy Superintendent the dead body of my daughter had taken down. There were several injury marks on her body. However the postmortem report says antemortem hanging but Injuries show that it was a murder.

Contradiction in dying declaration : chances of conviction

My brother is accused in a murder case. He is innocent but the police have falsely implicated him in this case. The dying declaration of the deceased does not support his role in the murder of Ramnaresh Kushwaha. There is a contradiction in the dying declaration so I want to know what is the chance of conviction of my brother? 

Friend filed criminal case of cheating : What I should do?

I am doing a business of terrace farming. My friend is a partner in my business. He does not help me but comes on each week to take his share in profit. Yesterday he filed a false criminal case of cheating in XXX police station. He has alleged in the FIR that I have invested his money in the share market and earned a lot from it. actually he wants more money and when I have refused to give then he has filed such FIR. Sir, please guide me what I should do?

Conviction on invalid sanction for prosecution: What should I do?

My brother is a PCS officer and recently the court has convicted him under the Prevention of Corruption Act. The prosecution took sanction from the state government without following the process. Thus conviction based on invalid sanction for prosecution. The sanctioning authority did not examine the material evidence and deputed a subordinate officer to complete the sanction procedure. 

The whole proceeding was conducted malafidely on the direction of the then chief minister. My advocate filed an application in the court to drop the proceeding because the sancion is invalid. But the court has rejected that application and concluded the trial within eight months. Due to lack of knowledge I could not take proper proceeding against the rejection of my application. I want to file an appeal against the judgment. Please help me.

Can I challenge the validity of sanction for prosecution?

I want to challenge the validity of sanction for prosecution. The CBI obtained the sanction for prosecution by force and using undue means. My superior officer was working under pressure of the CBI and granted the sanction prosecution. Now I have retired and my case is still pending in the special CBI court. Can I challenge the validity of the sanction at this stage? This is very crucial for my case because this sanction is invalid and illegal.

Fee for FIR: Do I have to pay any fee for lodging FIR?

Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charges for the FIR (first information report). The officer in charge of the police station shall record the information about a cognisable offence without...

Illegal custody for breach of peace

The Sub Divisional Magistrate (SDM) kept me in illegal custody for breach of peace. He has postponed the date of hearing for two weeks therefore, prevented me to furnish bond. There was a dispute with my neighbour. He has encroached my land. Due to it a dispute erupted between us. He has good contact in the police department hence, he called the police and sent me to jail under Section 107 crpc. Both police and SDM have connived to keep me in custody and carry on the construction work of my neighbour on my land. 

Ex-boyfriend sending obscene messages to my husband

My ex-boyfriend is sending obscene messages to my husband. Those messages contain pronographic photos and videos. Majority of those photos are photo shop. My husband however, showing faith in me but I want to take legal action against my ex-boyfriend. He wants to ruin my married life therefore, inducing my husband through those messages. Whether sending obscene messages constitute offence? If yes, please tell me in which section I can prosecute him?

My girlfriend cheated me and extorted money

My girlfriend cheated on me and extorted a lot of money. She and I had been in a relationship for more than two years. We were classmates. During the relationship, my girlfriend made many false stories about her family. She cheated me with those false stories and took huge money from me. Sometimes I had transferred money in her bank account. We were in a physical relationship and love each other. 

I had faith in her and gave her jewelry, electronic gadgets, mobile, laptop etc. She has deceived me with the intention to take money from me. After completion of education she joined a company in Chennai. She is dating another guy. Now she is not picking my phone and has cut off all communications. I want to file a case against her for cheating and extortion of money. Please guide me.