Advocate Anoop Mishra

Questions Answered by Advocate Anoop Mishra

Q: need suggestion regarding kurki of my property

if my land is already mortgage with the bank ,and the value of that property is more than the amount which i have to pay to the bank , then also can they do kurki of my movable proprty of my house?

Advocate Anoop Mishra answered
In your case as you said property bearing more value than loan amt .Bank can only mortgage property sale or kurki. But if mortgaged property is unable to fulfill loan amount than they can the same but from the order of court.

Q: Clarification regarding delay in FIR in sister-in-laws suicide matter

Sir allegation was made by my bhabhi th mother that brother in law ,mother in law ,sister in law and husband harrasing and badly beaten up her in 24 /12/16 on phone at 10 :30 pm next day she commit sucide at around 10 am now they come at our house from jhansi at around 6 pm at same day 25/12/16 they record statement in front of officer in charge on 26 /12/ 16 and fir was logde on 27/12 /16 at 3 pm sir kindly tell me whether there is any delay in fir or not

Advocate Anoop Mishra answered
The attack on prosecution cases on the ground of delay in lodging FIR has almost bogged down as a stereotyped redundancy in criminal cases. It is a recurring feature in most of the criminal cases that there would be some delay in furnishing the firstinformation to the police. It has to be remembered that law has not fixed any time for lodging the FIR. Hence a delayed FIR is not illegal. Of course a prompt and immediate lodging of the FIR is the ideal as that would give the prosecution a twin advantage. First is that it affords commencement of the investigation without any time lapse. Second is that it expels the opportunity for any possible concoction of a false version. Barring these two plus points for a promptly lodged FIR the demerits of the delayed FIR cannot operate as fatal to any prosecution case. It cannot be overlooked that even a promptly lodged FIR is not an unreserved guarantee for the genuineness of the version incorporated therein.When there is criticism on the ground that FIR in a case was delayed the court has to look at the reason why there was such a delay. There can be a variety of genuine causes for FIR lodgment to get delayed. Rural people might be ignorant of the need for informing the police of a crime without any lapse of time. This kind of unconversantness is not too uncommon among urban people also. They might not immediately think of going to the police station. Another possibility is due to lack of adequate transport facilities for the informers to reach the police station