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Queries Participated

Ajay Bansal   15 February 2021 at 15:08

Statement u/s 164 cr. p. c.

Respected Friends,

Can a statement u/s 164 Cr. P.C. of the complainant be recorded by the Magistrate, before the registration of F. I. R. in an enquiry conducted by S.H.O on the order of Superintendent of Police?

Ajay Bansal   25 January 2021 at 13:45

Bail by magistrate when accused has been given police-bail

In a matter of 354 IPC, the accused was arrested by SHO/IO and released on Police-Bail. Now charge-sheet will be submitted in court in next week, and accused is directed by SHO/IO to appear in court at the time of filing of charge-sheet by him.

My query is weather I should apply for anticipatory bail of my client to prevent the apprehension of sending him in Jail by the Magistrate or I should direct apply for his bail before the Court of the Magistrate at the time of his appearance with SHO/IO in the Court at the time of filing of the charge-sheet.

Weather the Magistrate would grant him bail without sending him in Jail?

Please guide with citations.

Ajay Bansal   03 May 2018 at 20:17

Jurisdiction in guardians and ward act (section 9)

Wife of my client has left the matrimonial house along with the daughter, and went to her parents' house. The matrimonial house is in Saket Court (Delhi) jurisdiction. The wife's parents' house is in Rohini Court (Delhi) jurisdiction. Other facts are:

1. Daughter is above 5 years old, and till now has been living with the father and mother in wife's matrimonial home
2. Wife moved out of the matrimonial home about two months back after over 10 years of marriage.
3. The Wife has filed a divorce petition in Rohini court.

My client wants to file a case under section 25 of GWA for child custody.

Can he file the said case in Saket Court? As per my interpretation the child has been ordinarily residing in the Saket jurisdiction as that is where the child spent all her life uptil recently when the mother took the child to the Rohini jurisdiction. Are there any recent judgements of SC/HCs in this regard.

Ajay Bansal   10 November 2017 at 12:09

Section 67 it act

One of my client has sent messages from Chandigarh to Agra to some persons at face-book, saying a woman as prostitute and her husband(Complainant) as her tout. FIR u/s 67 IT Act has been registered at Rohatak. Complainant is alleging that he got information of said message at Rohatak. Police has served a notice u/s 41A to the client. What is the legal position regarding jurisdiction ? Please also tell whether section 67 IT Act attracts in this matter.

monish   17 July 2016 at 01:22

creating problems by government officer

Sir
My name is monish. I am a small contractor in dantewada (chattisgarh).I have completeed my project since last December but thr officer and the sub engineer both are not behaving properly they both like playing with me. Tomorrow tomorrow that tommorow never comes.
PleaSe help sir.

dukhihubby   04 July 2016 at 09:22

Wife filed rcr 3 months after filing 498a.

Friends need your urgent suggestion on the current situation. Wife filed RCR 3 months after filing 498a.

498a (Filed Dec 2014). RCR filed by wife in March 2015. DV case also filed in Jan 2015. All three cases running.

498a I got anticipatory bail easily. I have not filed even 1 case against her.

I need the below information and have a few questions:

My 498a lawyer mentioned that RCR is not valid since she put RCR after 498a FIR. I need to know if there is a judgement that I can refer on this or how can I get this RCR closed.

Wife wants divorce with all 3 cases running. My stand is she should take back 498a and I can then think of giving divorce. Will this be a good situation?

Will I be able to get the DV and RCR closed after the divorce Decree. I am sure she has plans to go out of country/city.

Rubeena   29 June 2016 at 09:45

IPC 294

I am really sorry sir please help me.I lodged FIR against one guy who was irritating me by his calls n texts via differnt numbers.now the case is in court under IPC 294.My FIR had three witnesses, one is my father n other is ma cousin bro n his friend.My cousin brother's friend does not know anything, while lodging FIR SHO asks for witness and my cousin brother shares my problem with his friend and he put downs his signature on FIR. The thing is we were unware about the fact that the case will be dragged in court.Now problem is my cousin brother's friend is not ready to give his statment.Please tellme is there any way to solve the case or is it possible to solve the case on my father's n cousin brothers statement?

Pramod   20 June 2016 at 12:58

Atrocity

Sir fake charges of atrocity against person of ST community is filed on me.FIR is filed on 17/5/16.i have taken bail on said charges from Bombay high court.my query is that whether I can apply for quash of FIR to high court as this case is harassment for me financialy and psychological my.also I am a government servent and case can hamper my career. Pls guide me.

Rajesh   19 June 2016 at 21:58

379ipc

Their is a connection between crime and recovery in this stage can we get the bail in high court

Akhil   19 June 2016 at 19:11

Doubt if fir is lodged or not

When i was in 11th class my age that time was 16 yrs and 8 months i indulged in fight at tution and other guy went to police station with his father and sho called me and my father after inquiring . He let me go with in 30 mins but the constable put my name in register and now its been 10 yrs and no summon or trail or anyone one from police called me . So i want to know if an fir had been lodged against me as i have to undergo character verification for job