• Senior citizen father (divorced) seeking writ to act against a wicked uncle of his major sons

2 major sons living beseiged with long divorced wife,rich heiress to patrimony now tortured for grabbing properties by a wicked uncle,her younger brother with political power due to his wealth & kinship with ex.Minister, with impunity from his crimes.67yrs.old father (long divorced) seeking Writ by HC/SC to State Government to set criminal law in motion against offenders for protection of life & properties of his children & ex.wife.SpecialEnablingProvisions/Sr.CitizensAct, latest SC caselaw
Asked 7 years ago in Criminal Law
Religion: Hindu

12 answers received in 1 day.

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12 Answers

You need to first file FIR if the same is not filed you can do 156(3) crpc and then go for writ petition. Directly going for writ jurisdiction may not entertained if alternate remedy is pending.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

Approach local police for lodging FIR against uncle 

 

2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc  to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

For filing writ petition in HC you can contact any lawyer on the website 

 

on payment of his legal fees he can draft writ petition desired by you 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

 

you can also file complaint before senior citizen tribunal and seek protection order against uncle 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

  1. As per the information mentioned in the present query, makes it clear that immediate protection is needed for the old age.
  2. Before drafting the Writ, immediately make a representation to the police through commissioner of police and S H O of your area.
  3. Then draft the Writ with the copy of the representation made to the authority.
  4. I am sure that Hon’ble High Court will definitely look into the matter. Thereafter, you can continue the process of registration of FIR before the lower court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

you can contact any lawyers in kerala practicing in HC  for filing writ petition 

 

there are number lawyers on this website . contact those practising in kerala 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

If he has filed the writ petition based on the relevant information and documents that he my rely upon, he may have to look for measures to be taken for an effective decision in his favor.

The citation suiting to the case may be searched in the internet.

 

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

Need registration of FIRs against Offenders uncle& his gang,with Court's direction for a nonpolice executive sitrep under sealed cover to court on admission itself.UncleOffender closely connected to Chief minister.

One cannot bend the law suiting to his taste or circumstances.
The procedures that are to be followed in this regard cannot be skipped just because you think that you have a strong case.
You may have to adhere to the procedures that are laid down in furtherance to your petition filed under section 156(3) cr.p.c.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

Immediate remedy essential as Court closes on 21stDec. A well drafted WPC(Crl.) covering the points solicited on payment

You can directly contact any advocate of this forum or from local to get this task completed urgently owing to your prevailing circumstances.
You can get the phone numbers of the advocates of this forum , book a consultation and can get the task done on the terms of the advocate chosen.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

Please give supporting SC caselaw citations.State Govt's machinary failing to work ,a court monitored enquiry alone can give relief in Kerala

You can look for the citations yourself by browsing some legal web sites namely indiankanoon.org or livelaw.com or any other website which may provideyou the desired information.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

No FIRs registered following influence of offenders, except in one instance wherein Prime Architect Uncle got land trespassed & a hut erected by his cronies to make it subsequently unlawful possession.Need a nonpolice executive sitrep before HC on a writ .

If police is not cooperation then you may file a petition under section 156(3) cr.p.c.
If that step is also not effective then you may choose to approach high court with a writ petition against the offender directly based on the hardships you have encountered at every stage due to the political and money influence of the uncle in this and his greedy intention to grab away the entire property by hook or crook.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

File complain through court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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