Advocate Arpit Srivastava

Questions Answered by Advocate Arpit Srivastava

Q: Legal advice regarding motor accident.

Recently my driver without my knowledge was driving drunken and he hit 5 persons with minor injuries. He was driving a commercial vehicle Tata Ace, and the only mistake from my side was that due to lack of money I had arranged fake insurance instead of genuine insurance. Police did took all the injured persons including my driver to the hospital but the driver ran away from hospital and now he is asking me money and harassing me and he thinks he had done nothing wrong, and I am a poor person and I don't have any money with money to either give to driver or to the other injured persons. The driver has a Driving license. Please provide a way out from this situation. And also tell me can there be any action against the owner of the vehicle.

Advocate Arpit Srivastava answered
basically when an accident takes place, an FIR is immediately registered against the driver(if identified by public). As u state yourself to be the owner, you are vicariously liable for the acts of your driver as well.1. if the vehicle is not insured/fake insurance, you will bear the ultimate liabilty, which can run into lakhs depending upon whether the injured chose to file a claim against you.2. as far as FIR is concerned, that is to be faced by the driver, he will himself suffer the consequences.3. try to contact the injured and if the injuries are not major, try to provide some help to them, in order to dissuade them from filing a claim petition.

Q: Crime Branch seized my phone suggest me what to do

Crime branch seized my phone as a proof of a complaint. They promise me, they gave my phone back in 2 month but one year past, I haven't get my phone. When i ask about my phone they said "the phone was in FSL". Please suggest me what should I do?

Advocate Arpit Srivastava answered
it appears from your query that the police has not yet completed the investigation. you can approach the police and apprise them that they may release your phone u/s 102 crpc (only when the fsl report is complete). for that, you may execute a surety bond and place it before the police stating that you will produce the phone before police or court again, if it is once again required by them.

Q: Divorce case,maintance,stri dhan,domastic volience

I live in gzb bt i want to file a divorce from delhi wt can i do to file case frm delhi

Advocate Arpit Srivastava answered
the divorce case can be filed in one of the three places:1. where the wife currently resides.2. where the husband currently resides3. where the marriage was solemnlized.if u are presently living in Ghaziabad but condition 2. or 3. are met, u can file your divorce case in delhi.

Q: Judicial remand under section 167 crpc

Sir/madam, what will be the time limit for filing chargesheet under section 167 crpc in case where offence is registered under section 420 and section 467 crpc ( 90 days or 60 days)?

Advocate Arpit Srivastava answered
There is no time period prescribed for filing the chargesheet in crpc. However, if the police fails to file the charge sheet within 60/90 days, the accused shall have the right to be released on bail. The period of 60/90 days relates to the release of the accused on bail and not the limitation period of filing of chargesheet, as is misconstrued by a lot of people.

Q: Section 411 of IPC whether bail can be granted

Can bail be granted u/s 411 after 7days of police custody else can bail be applied in sessions court.

Advocate Arpit Srivastava answered
Section 411 IPC is tried by a magistrate, hence before applying bail before sessions court, you need to approach the concerned magistrate.Grant of bail depends on facts and circumstances which differ from case to case.