Legal questions on Criminal Law

MACT case : section 279 & 337

I had hit an old man on the road. i was driving and the old man while walking through the footpath stumbled onto the front of my car. No serious injuires was caused but still his family filed an FIR against me under sections of 237 and 339. I have comprehensive insurance for my car and I have valid driving license as well. Now the problem is one police man keeps calling me and says I have to co...

How to get the NBW quashed -420,406,323,120b,504,506

420,406,323,120b,504,506 is under which the case has been falsely filed by the opposition. the case goes like this there was a fir lodged by the opposition stating that we are to pay him 15 lacs and when the other party asked for the money we started hurling abuses and threatend them for life.they also applied for a caveat in high court. to counter it we approached the high court admitting we ...

Ipc 380 case

I have a case under IPC 380 against me. Case is of a laptop which I found at airport forgotten by Owner. I tried to find the owner on two planes but then my flight was getting delayed I had to leave it with me. I did not use it or take any benefit out of it. Next three months I was out of station in MP working in coal mine. Then after three months when I returned home after few days I got call ...

False Complaint of Rape on False Commitment of Marriage

A very close friend of mine has been booked u/s 376 in Bihar (though he is from maharashtra). He happens to be a SC person. When the Lady who has lodged the complaint knew about his caste but when her parents came to know, they asked her to deny to marry. Later the parents even kept the boy captive at their place and on many occassions abused his on his caste. The scenario is such, that the ...

Can we file a criminal case?

My dad has filed a divorce stating that his marriage with my mom is null and void, but it has not been proven and in fact my dad has been directed to give us maintenance per month. During the case my dad restrained me from my house which is owned by him and during this time my mom was out of station. Then we got court orders from family court stating 'Third party should be restrained from selli...

Section 138

Dear Sir, I have purchased a flat and opted loan from bank. It was clearly discussed with builder that till possession builder will pay emi. However initially builder paid emi through my account and further @1 year paid directly to bank. After sometime they started defaulting emi and while asking they proposed to surrender the property since that was sold to someone else also. I realised and s...

What is the punishment for physical assault/battery?

My father and 3 other family members were attacked at home by 10-15 people at night. As my father lodged a complaint against the president of a village in Visakhapatnam for his illegal acts(secretly selling sand from river, selling govt land to people in the village without NB registration etc), the president came to our family member's house at night where my father stayed as a guest, and star...

False FIR against my wife

My wife is working and lived with my younger son (3.5 years) at a second residence of us. Myself and my older son (7 years) used to stay with my mother during weekdays (because of the distance between our workplaces)and during weekends we used to meet. One day she protested against loudspeaker playing in a nearby house and told them to stop since my younger son suffered from pneumonia he could ...

Prosecution Evidence going without summon

I was employed in Interglobe Technologies a Travel call center in 2013 and I left the company in 2013 due to contractual base job .There was a employee who used my ID and password and made a booking which I was not aware of I gave him my ID and password on good faith but he misused my ID in a fraudlent activity.He used ID of other 5 employees in same fraud activity.Case was again registered in ...

Fir under 154

Scenario: I married a girl 7 months ago. She had her Passport , CNIC under my name 2 months back. and even nikah nama and Nadra marriage certificate. But now girls family , with political pressure and lodged a fake FIR under section 154 for kidnap of my wife along with an other fictitious women. First my wife recorded her statement in lower ( local) courts in Lahore , before the lodging o...

498a crpc

Dear sir, My name is srinivas,i am doing job in state government of andhrapradesh.my wife also employe in same as.we got married in 2011.we have two children's.my wife go to her parental house in 2015,june,some little family allegations.than she is pregnant. after two months,i went her house.i requested her come me to house, but she is not with me.than,i go to my house and doing my job.she fi...

Doctor left sponge during cesarean delivery

Hi all respected lawyers, i would like to share a case which is very rare and thats why i have no idea where to start to get justice.. my wife delivery done through cesarean process on 6th january 2017,she suffered endless pain after surgery in her stomach..after 15 days of pain i thought to take her to a medical college trauma centre,she got admitted and CT abdomen done on 27 jan 2017,CT cle...

Wrong allegations by woman

Sir/Mam, I have been wrongly framed by a woman u/s 354/354a/509/323-34. The complainant along with her family members has been facing trial against charges made by their neighbours(including my masi). On 25th march at around 9:15 pm I was coming from my masi's and had just entered shani bazaar, suddenly the complainant pushed my and slapped me and started abusing. To which I also abused and ask...

Seller lied and sold me broken nonfunctional phone.

I wanted to buy a second hand windows phone and found a good deal on quickr.com . she posted that phone is as new as brand new without any scratch. data cable, invoice and charger was available. she posted that phone has minor defects but it will not affect the PERFORMANCE and look of the device.after several attempts of bargaining that seller who is a girl agreed to sell me her Nokia lumia 152...

Threat of terrorist case for spoiling career

Hello sir / madam , I'm a merchant navy officer NRI working abroad from last 6 years. I had an affair with a lawyers daughter who belongs to a criminal background in Uttar Pradesh.her family was against marriage and are torturing and harassing their daughter from last 2 years.shes house arrested by them. Her father has threaten me for murdering my parents and me and rape/kidnapping of my sis...

Emotional and mental abuse

So I've been with a guy since February 2015. Although he never gave me any commitment till date, we've always been together like a couple; its just that we've never been official.I have given this boy everything I could.But since last July, I've only been depressed and emotionally unstable because he just kept playing around with my feelings and emotions and took my love for granted to another ...

Fraud done with a cancelled cheque

Dear sir, I had issued a cancelled cheque to a broking firm for opening of demat account. I had clearly crossed the cheque and wrote cancelled in between two lines. On date 31/03/2017 my bank statement showing debit of Rs. 200000 with the same cheque number. Further I got this information from branch manager that someone changed my registered mobile number. The application for change in mobile ...

Legal opinion /advice

I am anubhav mishra [retd. central Govt. officer], house owner (leased property) with joint POA in name of me & my mother, where due to her age and non-competency (illiterate) to handle legalities & maintenance of the property I am major power holder in POA. I need legal opinion on below matter. I have tried to evict a tenant few times by asking him to evict the said premises and later filli...

Kya mujhe aur mere gharwalo jail jana pad sakta hai

Dear sir meri shadi 29/05/2010 ko hui hai par shadi ke kuchh dino ke bad hi meri patni dawra mere gharwalo ko partarit kiya jane laga .uske mis behave ko dekhate hue maine uske papa ko bula kar usko samjhane ki koshish ki .par o nahi mani o ,ab aur uske ghar wale hum par 498 A ka case karne ki dhamki dena chalu kar diye samay ke sath uske wardat badhte gaye aur mujhe 2 beti hui jiska age 4 yea...

SOP in case of victoms car impounded by Police

Met with an accident, other party at fault (Hit my car from wrong side while I was taking a U turn). I lodged an FIR and asked to park my car in police station (I did willingly and gave the keys): 1. DO police need to give me receipt of my car being kept in the police station? 2. It's been 4 days no one contacted me for anything. They assigned a IO, who said he sent a report and my car wil h...