[Dr. Ashok Dhamija]

It the names of some of the accused persons have been dropped from the charge sheet, the complainant has the right to file a protest petition before the trial where the charge sheet is filed. If the court is satisfied, it may order further investigation under Section 173(8) Cr.P.C. In the alternative, if the court finds that there is sufficient evidence available to prosecute the accused persons whose names have been dropped, the court can directly take cognizance of the offence even against these dropped accused persons. Even during the trial stage, the court has the power to add a new accused person under Section 319 Cr.P.C.

You may try filing petition under Section 482 Cr.P.C. to high court after first filing a protest petition and if you do not succeed in your protest petition.

For more information on a similar issue, read: Can an appeal be filed against the Challan for further reinvestigation?     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Without going into the merits of your case, let me point out that you can file a complaint before the State Bar Council with which the advocate is enrolled as an advocate. Section 35 of the Advocates Act, 1961, provides for punishment of advocate for misconduct, and is reproduced below:

“35. Punishment of advocates for misconduct.—(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(1-A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.
(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and the Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely :—
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India.
(5) Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.
Explanation.—In this section, Section 37 and Section 38], the expressions “Advocate-General” and “Advocate-General of the State” shall, in relation to the Union territory of Delhi, mean the Additional Solicitor-General of India.”

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The FIR as registered by police cannot be changed. Therefore, it is not possible to physically remove the name of an accused person from the FIR by changing it.

However, once the FIR is registered, investigation follows. During the investigation, if it is found by police that there is no evidence or insufficient evidence against one or more accused persons who have been named in the FIR, then the police can remove their names from the list of accused persons and not charge sheet them. In fact, if insufficient evidence or no evidence is found during investigation against all accused persons named in the case, then the whole case be closed and a closure report can be filed under Section 173 of Cr.P.C. In such a scenario, if the accused person was in custody, he may be released by police officer under Section 169 of the Cr.P.C., subject to its conditions, as shown below:

“169. Release of accused when evidence deficient.— If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.”

      

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Please read the sections carefully. Answer should be obvious. Section 195(3) states that “In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal …”.

And, Section 340(4) says that “In this section, “Court” has the same meaning as in Section 195”.

Therefore, for the purposes of Section 340, power is given to the civil court also.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

File an I.A. for impleadment, and also, if necessary, an I.A. for directions.

[I.A. = interlocutory application]     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Discharge (or quashing) depends on the facts and circumstances of each individual case and no hard and fast rule can be laid down that it can happen only in respect of the family members and not in case of husband.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Answer:
You can file an application before the court for initiating action in this regard. Thereafter, the court has to follow the procedure laid down in Section 340 of the Cr.P.C., which is reproduced as under:

“340. Procedure in cases mentioned in Section 195.—(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court 1[or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, “Court” has the same meaning as in Section 195.”

Section 195 Cr.P.C., which is referred to in the above section, is also reproduced below:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—
(a) (i) of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in Section 463, or punishable under Section 471, Section 475 or Section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii),
except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.
(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act, if declared by that Act to be a Court for the purposes of this section.
(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:
Provided that—
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.”

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Usually, each individual accused person would be referred to with a different accused number, such as A1, A2, A3, etc. So, in your FIR, it may be by mistake that 3 accused persons are referred to as A1 collectively. Sometimes, by mistake, all 3 names might have been mentioned under the same heading of A1 (more so, it may happen if the address is common and names are given in short form).

Merely because 3 accused persons are shown as A1 will not be a ground to quash the FIR. FIR is generally to be quashed on the basis of the guidelines laid down by the Supreme Court in the case of Bhajan Lal. So, if one or more of those guidelines are attracted in your case, the FIR can be quashed.

Secondly, investigation has to start only after the registration of the FIR, and not before it (though sometimes, limited preliminary enquiry may be permissible in some situations as mandated by the Supreme Court in Lalita Kumari case).     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Generaly, such language is used in bail or anticipatory bail matters by ordering that “No coercive action be taken“, which basically implies that the person should not be arrested in the meanwhile. The expression “No coercive process to be issued” would basically imply that by way of process (such as by warrants) you should not be forced to remain present. Process can be issued in the form of summons or warrant (Section 204 Cr.P.C.). “Coercive process” may perhaps refer to issuing process by way of “warrant”.

Whether the above order also amounts to stay on the proceedings may depend on the facts and circumstances of the case and the full contents of the order issued by the court.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Please contact an advocate on record (AOR) for detailed consultation. The list of the advocates on record is available on the website of the Supreme Court. I am not an advocate on record.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

For the Central Government servants, the guidelines for sealed cover procedure lay down as under:

“At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned Screening Committees:-

(a) Officers under suspension;

(b) Officers in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending;

(c) Officers in respect of whom prosecution for criminal charge is pending.”

Presuming that you are working under the Central Government, the clause (c) will be applicable in your case. This means that if “prosecution for criminal charge is pending” then the sealed cover procedure may be adopted.

The question of “charge sheet” under the above guidelines is relevant when the charge sheet has been issued for a departmental proceeding, i.e., under clause (b) above, which is not relevant for your matter (as it appears from your question).

In fact, in a private complaint case (i.e., criminal case), there is no concept of charge sheet. This is so because “charge sheet” in a criminal case is relevant when the investigation in the case is conducted by police after registering FIR. In a private complaint case, there is no concept of charge sheet and the Magistrate takes cognizance directly. Of course, depending upon what type of criminal case it is, “charges” may be framed by court even in a private complaint case also, but it different from the filing of “charge sheet” by police.

Therefore, you’ll have to show that no prosecution for criminal charge is pending against you which could enable the authority concerned to put your case in sealed cover. You may have to approach the appropriate court or tribunal if the authority concerned does not agree with your contention. Please engage some local lawyer having expertise in service law.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The society has the right to recover the society charges from its members. How the arrears of the society will be recovered from its members depends on the provisions of the law applicable in the state concerned.      

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Generally speaking, it will depend on the bye-laws of the society as to how the lift maintenance charges are to be collected from the members. Normally, these charges are collected on equitable basis from all members of the society.

If a society has adopted the Model Bye-laws of the Maharashtra Co-operative Societies Act, then the lift charges are to be collected from all members, irrespective of whether or not they use the lift.

For example, Rule 64 of the Model Bye-laws states as under:

“64. Composition of the Charges of the Society. The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following: (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.”

It is clear that the clause (v) of this Rule speaks about collection from members the “Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift.”

Similarly, 65(a) of the said Model Bye-laws provides that the Service charges of the Society referred to at Rule 64 (vii) above shall include the Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society. Thus, salaries of the liftmen are also included in the charges to be collected from all members of society.

Further, Rule 66(a) of the Model Bye-laws says that:

“The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

*******  *******

iv. Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

******* ******.”

Thus, Rule 66(a)(iv) makes it clear that expenses on repairs and maintenance of the lift, including charges for running the lift have to be shared equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

Thus, if a society has adopted the Model Bye-laws, then the lift maintenance charges have to be shared equally by all the members of the building in which lift is provided. However, if a particular society has different bye-laws, then it may depend on the provisions contained in the bye-laws of that society.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It is NOT permissible to meet any judge. What I had mentioned was that you can orally mention at 10.30 am in the OPEN COURT of the Chief Justice (court No. 1) when oral mentioning by advocates is allowed.

Secondly, making an application to the Chamber Judge does not mean that you have to go and meet him to make an application. This application will have to be filed before the registry which will then be listed before the Chamber Judge and on the designated date of listing, you will have to appear in the court of the Chamber Judge.

Please contact the SC registry for the procedure.

You can get the Entry Pass at the gate of the Supreme Court by showing your Photo ID and the proof that you are a party in person.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

(1) Section 220(1) of Cr.P.C. lays down that if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.

So, the essential condition is that the series of acts should be connected to form the same transaction which has resulted into more than one offences, then they can be tried together. Therefore, the mere fact that 3 FIRs are filed by A against B during a particular period may not be sufficient; what is required also is that these should have been as one series of acts connected together to form the same transaction. If this condition is satisfied, then these offences can be tried together under Section 220(1) of Cr.P.C.

Section 223(d) of Cr.P.C. provides that persons accused of different offences committed in the course of the same transaction may be charged and tried together.

In your question (1), you have mentioned that A has filed 3 FIRs against B. So, there is only one accused person. There are no “different” persons (or more than one persons) accused here. So, how will Section 223(d) come into play when there is only one accused?

(2) Same reasoning applies to your second question.

(3) For your question (3), the answer is that the first set of 3 cases can be subjected to the provisions of Section 184 Cr.P.C. Likewise, the second set of 2 cases can also be subjected to the provisions of Section 184. However, both the sets of cases together cannot be subjected to the provisions of Section 184, since its ingredients are not satisfied in such situation.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts