Advocate Chander Kant

Questions Answered by Advocate Chander Kant

Q: Type of petition to be filed under certain ipc sections

I was convicted in a false case u/s 323, 341, 506, 34 IPC from lower Courts in 2012 but I could not appeal due to tough circumstances. Now I wish to overturn conviction and wish to approach HIGh COurt to do the same. Two accused with me in similar FIR were released in 2013 by session court but I was living separately so only tow were released. What type of Petition do I have to make-- REview, Writ or abcd under what sections. I have strong case and FIR was false also but conviction is there and I could not invoke 482 CRPC before as conditions were bad for quashing of FIR. Now I guess Order has to be dealt with. Tell me options and what sections. I prefer CRL MC or REview if possible. and can I combine both review of order and its dismissal laong with quash of FIR. I wish to use 482 for both in one application and trying to press alos compensation on state. But conviction is priorty.

Advocate Chander Kant answered
The quashing of FIR u/s 482 Cr.P.C.is almost impossible when both the offending and the complainant party are not present in the High Court to say that they do not want to pursue the case. Moreover this case has been decided by the Lower Court. Only the appeal is possible. The period of delay in filing appeal can be got condoned by filing a separate application for the same. The grounds for appeal can be found after seeing the case file and after discussing the matter with the accused. The chances of acquittal are however good due to the fact that one of the accused has been acquitted in the appeal.em.

Q: Suggestion relating to breach Of Trust / Cheating from spouse

I have been married and have a 7 year of daughter. Lately came to know that I am not a biological father of the child. I have filed for divorce due to the adulterous life of wife. However apart from divorce I wish to punish this lady who has hurt, cheated me and fraudulently gave a child impregnated by one of her boy friend. This has hurt me and my family emotionally and now  will have to live with this for my entire life. I have showered my love over the child for all these 7 years as her real father and now in an instant I could loose all rights on that child. Such grave cheating and emotional torturing should be punished. Please suggest if I can file a criminal case of cheating and paternity fraud on my spouse eg IPC 415, 405 or 420.

Advocate Chander Kant answered
How you came to know that a seven years old girl is an illegitimate child. Her medical or DNA examination for the same is illegal. In the fight of your matrimonial dispute, the ultimate sufferer is the child aged seven years. When the seven years old girl attains maturity and she voluntarily gets her medical examination or DNA examination conducted to know her actual biological father, only than you can claim on basis of that medical or DNA examination that you are not the father of that girl. I am of the view not to drag the life of girl in your matrimonial dispute.

Q: Is offence under section 324 IPC Bailable or not

Is offence under section 324 IPC Bailable or not? 

Advocate Chander Kant answered
It is still bailable. Though it has been made non bailable but yet to be notified. Still if any dangerous weapon has been used like knife etc. , a separate case for possession of such dangerous weapon will made it non-bailable.

Q: Trapped under IPC 308 along with Section 34 (common intention)

Sir I am trapped in a case... There was a fight of my friend in which I went for the help. One of our friend hit the chair on the head of the person of the opposite side and he got injured and hence got 3 stitches on his head. And that person has filed case against us under IPC 308/34. They filed the case for 12 people and I am one of them but he has mentioned my name specially that I have hit the chair but I have done nothing I was just standing there and I have a video as a proof of it but it's not that much clear . So now my friend which had a fight is in jail since 18th July and he is unable to get bail and now police is saying to arrest us also because we haven't surrendered till. Only we four people are in trouble whose names are mentioned specially. All other are roaming freely. So can you please me what should I do now. One of lawyer said that we will not get bail. I am in a big trouble. Kindly help me. How can I get bail or get rid of this problem.

Advocate Chander Kant answered
The following points will be considered during hearing of the bail application:1. Whether the injured person is admitted in hospital or has come out of hospital after treatment.2. What is the result of injuries sustained by him? Simple or Grievous.3. Whether he has any previous criminal record?4. What was the motive of crime?5. The place of occurrence whether it is the house of accused or of victim or any other public place.6. If any lady or senior citizen has been named in the FIR. His bail application is to be filed first.7. Time of incident i.e. day or night.8. Whether it has been mentioned in the FIR that the victim has been hit by the chair lying at the place of occurrence.9. If the MLC of any of accused named in the FIR has been prepared on the day of occurrence. A counter case can be filed to put pressure on the victim.10. How many day have elapsed since the happening of incident? 11. There can be many other points also which can emerge after discussion with the accused.12. It is not very much difficult to get bail u/s 308 IPC provided the fight has taken place suddenly with or without any provocation.