Advocate Anuuj Taandon

Questions Answered by Advocate Anuuj Taandon

Q: Police not doing proper investigation

Case of theft 1 yr 8 mths old FR 2 times till now prime suspect (wife's friend) several evidence sbmitd Presently case disposed off after finger print report came as "Not Clear" Reason 1 inaction due social status of lady 2 removed evidences (call details, statements of suspect & other witnesses who saw her) that incriminate 3 lady didnt cooperate in invstigtn (dishonoured more than 10 notices by police under 160 crpc) still police took no action 5 relying entirely on finger prints, naive in the sense of investigation othr thn fresh invstgtin (meaningless) what should i pray to court

Advocate Anuuj Taandon answered
The remedy may be regarding filing of appropriate application before the court concern for proper and fair investigation.The writ may also be filed at high court but only after all the previous proceedings are seen.

Q: CRPC 319 SUMMONING ORDER AGAINST IN THE HIGHCOURT C. REVISION

Teen logon k gawahi k bad nichli court ne 319 me 4 logo k liye summoning order kr diya.jab ki FIR and chargesheet me kewal ek k hi name hai. court me diye bayan pr hm logo ko muljim bana diya. is summoning order k against hm highcourt lucknow gye jahan hmko stay mil gya. aur court ne dusre party se counter manga. 1 year ho gye abhi tak counter nhi laga .aur ab dusri party compromise krna chahti hai. hm bhi sulah chahte hain. to ab hamare bachne ka kya rasta hai ? please suggest me.

Advocate Anuuj Taandon answered
Compromise can be entered between the parties if the disputes are settled.However certain parameters have been laid down by the supreme Court in latest judgement The sections imposed in the chargesheet has also to be seen.

Q: Writ petition in 482 when revision is going on session court

I am facing a 498A case filed by my wife on me and my family members. Police has filed final report(closure report) but summon is issued by lower court to me and my family members.I filed revision in session court and request for stay on lower court's order. Session court has accepted the revision and it is going on.1. Can I go to high court u/s 482 for quashing the criminal proceeding against family members only (excluding me).2. Will High Court hear the petition in 482 and provide the relief OR High Court can not interfere till the revision is going on in session court.

Advocate Anuuj Taandon answered
Your family member can file a 482 petition at high court. As they are not party to the revision for filed before session court. Powers of revisional court is limited to the extent of testing the correctness and illegality of the order.482 petition gives ample power the the high court. But it depends upon the facts and circumstances of the case.If the court has rejected the final report of police and then on the basis of the protest petition filed by complainant proceeded against u all. We have to see the order and discussion made into it.

Q: Can pending police complain cause problem in verification in new job

Can a pending police compliant (not an FIR), in a cognisable offence (female harassment), which has not been closed by the mutual agreement from both the parties, create problem while police verification, employment verification of the accused?

Advocate Anuuj Taandon answered
Until and unless the FIR has been registered it does not create problem. However it may be registered as NCR as non cognizable report. However for the employment purpose if the institution requires then you have to disclose about the FIR if pending or even if NCR is registered.But If neither FIR nor NCR is registered and only complaint is given to police then since no proceedings are pending then disclosure is not necessary.

Q: Father absconding in murder case case police threatening me

Sir, I m a armed force personnel working in CISF.Before two years a FIR lodged against my father in double murder case.Immovable / movable Property regarding my father attached by the order of honorable court and proclaimed absconder. My father still absconded. I have no contact with my father from a long time. I m doing my job but local police  threatened my grandparents which is at my native place, to register a case against me under section 216 and also phoned me to give information about my father.i clearly told them I don't know where is he. So I want to know what I do....?

Advocate Anuuj Taandon answered
You should immediately file a writ petition for direction of writ of mandamus before high court for seeking appropriate relief.You may pray for issuance of direction for not to harass the parents of absconder father.Appropriate directions may be issued to the Police authority that they can take statements of parents but should conduct fair and impartial investigation and should not harass the parents.