Criminal Law

Can high court order for the further investigation in rape cases?

Can high court order for the further investigation in rape cases? My brother is falsely implicated in the gang rape. Some villagers have conspired and prepared a mentally sick woman to make false allegations against four persons including my brother. The incident was alleged to have happened in 2021 when lockdown was declared in the state of Uttar Pradesh due to increasing cases of covid 19. In those days no one was able to leave the village. During those days the mentally sick woman was living with a lady in the village. No medical examination was conducted by the investigating officer.

However no eye witness was there to support the allegation. Entire case is built-up on the statement of the raped woman. The investigating officer has produced the charge sheet against all four accused. My advocate is suggested to file a petition in the high court under 482 for further investigation order. Can the high court direct the investigating officer to conduct a medical examination and collect evidence of an eye witness?

My friend has cheated me by presenting a cheque which I given to him for another purpose

My friend has cheated me by presenting a cheque which I given to him for another purpose but he used it to initiate a false legal proceedings against me. He is a property or real estate broker and having good business in our locality. We are also doing a small business related to the collection centres for different pathologies. During the covid we made huge profit and invested that money in the stock market. That business also flourished under the guidance of my friend. He is a master in the field of investment because he is MBA from a very reputed college. In the last year he told me to establish a pharma company but I was not ready because I wanted to carry on the investment. Our investment business was running very well last year. 

Due to conflict of interest some differences have taken place between us. I withdrew all my investment and started another firm with an independent director. He presented that cheque in the bank by filling the details such as the date and amount. It was a blank cheque. He has written in the complaint that I paid that cheque to purchase a piece of land. Actually no such deal ever took place between us. He cheated me by using my blank cheque which was given for the registration of the pharma distribution firm. 

But due to differences that firm was never established. Yesterday I received a summons from the court that a cheque bounce case has been lodged against me. I sent instructions to the bank and stopped the payment of that cheque. Due to which the cheque was dishonoured. Please help.

I want to take legal action against the man who has cheated me and now threatening to kill me

I met a guy online, and after some time, we entered a relationship on the condition that he would marry me after 4 months. We decided to live together, and he promised me that he would marry me as soon as we started living together. So, I went to his state to live with him, but after a few days, he started to fight with me and forced me to talk to his friends. One day, he beat me publicly and forced himself upon me by telling me lies. He sent me back home and blocked me, threatening me not to contact him. 

He said it was my fault that I came to his state. He also took money from me, which he is not returning, and threatened me not to complain as he’s the Don of that area. I reported it to the police, but they also said it was my fault. The court proceedings are so humiliating, and I don’t have any support. They are still forcing me to bring my mother to the police station. I don’t want to involve my parents, and they also said my identity would be revealed not only on paper but verbally. 

I am suffering from mental trauma due to this incident. I have contacted higher authorities, but they say they can’t do anything. The boy is threatening me to kill, and I have no place to live. Where should I go? He lives in XXXX, and I live in XXXX. He has blackmailed me and recorded something against me, threatening to file a police complaint.

Can I file a case for cheating for concealing the fact of living relationship

Can I file a case for cheating for concealing the fact of living relationship? I was in a relationship for 9 years and finally, my family agreed to the marriage, and we planned to get married this December. One week before the wedding, I found out that he (who is working in Kuwait) is in a living relationship with another woman. She sent me some pictures of them together. Is there any legal action that can be taken against him for cheating?

Deceased’s family members want to lodge a false FIR, how can I get my car released?

I am a differently abled driver who drives a modified automatic car  RTO, ARAI and International approved fitment meant of differently abled drivers having a valid driving licence for the differently abled driver, Personal health Fitness certificate issued by a government hospital, insurance and RC of the car registered as an invalid carriage. After almost 18 years of driving experience, I met an accident with a person despite being way below the speed limit and road work going on. 

Later on, that person died after 4 to 5 hours in the hospital being alive and talking to people as I never fled the place but rather followed the person to the hospital behind an ambulance and informed the cops as the hospital authorities did not report the police in the initial hours of admission and was kept in loop that person suffered a broken elbow or knee to which they were treating the person. Relatives of that deceased person have not filed an FIR against me currently as informed by police so got bail. 

I came to know about the information in the First information report when the investigating officer informed I have been booked under Section 279, 338 and 304a by the cops while recording my statement and its been 2 weeks since the incident where I was informed the impounded car will be released after  RTO officials conduct a safety check of the car but it going to be 3 weeks so a bit worried if the relative of the deceased person who is 64 years sick and unaccompanied by any family member or friend at the place or vicinity of the incident may or may have lodged a false and frivolous FIR against me after a week which could be a delay in the release of the car. 

The dead person was walking on the middle road suddenly rather than the footpath provided but I am facing a problem due to the fault of the deceased person. Please advise how to go about this case and also release my car from police custody as it depends on it for basic access to my job location and quite a few places.

Dowry Harassment Case: Advice for a Husband Whose Wife Left Him for Her Boyfriend

Sir, I got married on May 31, 2022, but on June 9, 2022, my wife left me with her boyfriend with the permission of her parents. Suddenly, on October 19, 2022, she filed a case against me for dowry harassment under section 498A with FIR no. 323/2022. After that, mediation was sent, but she refused to live with me and demanded Rs. 7 lakhs. I refused to pay the money. The mediation failed on January 20, 2023. What should I do now? Please guide me, sir.

Prosecution after four years from retirement

Local authority asks CBI to file FIR against retired and retiring employees. Lodge the FIR  for negligence of duty tantamounting threat to life & property. The alleged offence by churning out substandard housing flats declared unsafe by one technical expert. Building is built 10-12 years back citing criminal conspiracy amongst a huge number of technical employees, construction agencies etc. Is it tenable under the law post retirement of 7-8 years.

Essential ingredients of Murder

There was a dispute between the rival groups in our village. One group is very strong because they have good connections in the Police department. When they were trying to grab the public land, some people gathered there and started agitation. In the heat of the moment quarrel started. One person died in that quarrel. Now the rival group has lodged an FIR for the offence of murder. I want to know what is the essential ingredients of murder in the indian Penal Code?