Advocate Atul Guleria

Questions Answered by Advocate Atul Guleria

Q: Appeal in the high for anticipatory bail

Good afternoon sir, in the year 2016 june 9 the police has registered an FIR u/s.7and 9 of the prevetion of corruption act and IPC-34and171(b) the same time we had taken anticipatory bail and the case is pending in the court but again the another police station of another jurisdiction has registered the case again on 27th july 2017,in the same person and sections also same as registered in the 2016 and sections also same but the crime number is different their contention is that the jurisdiction is different. so now we have to take again anticipatory bain in FIR 27/07/2017.or not, because previous bail we have weather that bail is valid in the FIR registered on 27/07/2017,or we have to take new bail,weather we can go for high court what is the procedure please let me know sir.

Advocate Atul Guleria answered
If both the FIRs arise out of the same incident, the second FIR is not maintainable. There cant be two investigations for same offence. For practical purposes anticipatory bail must be sought, till the time second FIR is in force. You must challenge the second FIR on legal grounds.

Q: Life imprisonment remedy after losing in High Court

Hello, i am 28 from gujarat, my query about section IPC 302. In june 2006 my father and my 3 uncle about the farm land issues excedentali do murder of 1 person who's beside the farm. He want to take our farm land and local police not help to us for political problem. After doing this murder self arrest to nearest police by my father. and after that file case in distric court. running 4 year this case and in last we fail to win this case, and get life time prison. after that we try to file this case in gujarat high court and its also take 3 year given the dision. but same also we fail to win this case and get same punish life time prison. currently they in prisoner in Rajkot and free when his parol, and farlo and in time to time they get back to prision. Now my question is how many year punish in life time prison? and second question is what to do next step to try again with this case? Its already 11 year complete in prison. 

Advocate Atul Guleria answered
Life imprisonment means imprisonment till life and cannot be less than 14 years. Governor can grant pardon only after completing 14 years in prison. Secondly, to win this case, the only option is to go to Supreme Court.

Q: Indian Company (having office abroad) cheated me outside India

A couple of years I was working abroad. An Indian company registered with ROC/Ministry of Corporate Affairs had a office at my place of work in Abroad. The office was typically a branch office of the Indian Company, marketing their Indian Products. They made false promises of good returns and made me invest a large amount of money in the company in the foreign currency at abroad. After that they failed to oblige with their terms and conditions. They have issued me cheques in the local currency abroad which bounced back. After that I initiated legal action against the company abroad ,so fearing complications they winded up from there. Now I am back in India. They still continue to operate from their Indian office successfully. I already have court Judgments issued against them ( imprisonment and fine) from the country where all these things happened. Is it possible that I take action against them in India to recover my debt which was basically formulated abroad.

Advocate Atul Guleria answered
The issue seems to be a complex one having jurisdictional dilemma. One can really answer your query only after going through the record of proceedings in the foreign country. Much also depends upon bilateral ties between the two countries also. Given the set of facts and circumstances we have before us, it is not possible to give a straight answer.

Q: Framed in a fraudulent case and passport seized for bail what to do

My father has been framed by an old friend of his. For evidence in court, the friend provided false reciepts and the court ordered them to be forensically tested. It's been 2 years and we have had no response from the police about the reports. My father's bail request was approved and his passport was taken in as guaranter which has affected our financial status as my father was into business involving travel. Please advice how we should proceed. I am thinking of filing an RTI for the reports and any help regarding this case would be highly appreciated.

Advocate Atul Guleria answered
YOU CAN HAVE THE PASSPORT RELEASED BY PREFERRING AN APPLICATION TO THAT EFFECT. RIGHT TO TRAVEL ABROAD IS A FUNDAMENTAL RIGHT UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA. IF THE APPLICATION IS BASED ON SOUND LEGAL GROUNDS, THE CHANCES OF ITS SUCCESS ARE VERY GOOD.

Q: Procedure to quash FIR filed against me

Dear sir ,I am a constable in delhi police . An fir has been registered on me and one of my friend during night duty . The complainant are girls. Fir registered with u/s - 354/451/506/509/34 IPC . But in 164 crpc statement before magistrate they denied for any . Now investigation officer made a chargesheet u/s -451/506/509/34 IPC .The case is not admit in the court till now. The complainant wants to cancel it properly and quashing the fir . Now this stage ,how to quashing this FIR 

Advocate Atul Guleria answered
Offences u/s 451, 506, 509 are compoundable. they can be compounded by magistrate. However, you must wait for the magistrate to accept the chargesheet as it is. Otherwise if the magistrate decides to add section 354 then high court is the only remedy. At present you should not approach high court.