Advocate Debayan Sen

Questions Answered by Advocate Debayan Sen

Q: What to do police has not taken step even after filing FIR

7 days ago my fir had lodged and the crime is attempt to murder.But police didn't take any action right now.

Advocate Debayan Sen answered
Write a letter to the office of the DC and commissioner mentioning the crime and the apathy of the local police. If the same goes unnoticed file a police inaction writ before the high court. Also in the meanwhile you can employ a lawyer to move in the lower court for calling the police report.

Q: how to get the injury certificate by the complainant

As an accused can I get a copy of the injury report / medico legal certificate submitted by the complainant with the copy of chargesheet? How can I get to know whether there is any injury certificate submitted by the complainant?

Advocate Debayan Sen answered
Yes as an accused you are entitled to a free copy of the charge-sheet with all the relevant documents or extracts which the prosecution seem to rely upon. if it's a medical certificate of the complainant which has been relied upon by the police you shall get a copy of it. You'll get to know about all the contents when the charge sheet with its annexures is served upon you.

Q: What legal action to take against torturing wife and custody of child

Sir myself married for 19 months.from the starting my wife quarrels with me and my father and mother repeatedly.she threthens of police case of mental torture to her by ourselves.if any argument happens with her she starts shouting by going out in verandah so that neighbours can hear her.now she is pregnant.always she says the baby is hers.she also the that after delivery she will take action.now is there any help for me.can I get the baby?her father and mother threatens us also by saying they will take the baby away.

Advocate Debayan Sen answered
Firstly, lodge a general diary with the local police station stating the entire thing. Keep a copy of the letter that has been given to police and ensures that it has been properly stamped. Secondly, whenever there is any further threats issued by your wife or in laws do not forget to lodge general diaries with regards to those threats. It is advised to keep proper documentation all misdemeanors of your wife like phone call records if possible video graphing anything that is important etc. As per Indian law, the custody of a baby is generally given to the mother, so in that case, if they take the physical custody of the baby we can't do much at that point. But your rights for visitation can not be taken away as you have the right to visit your child.

Q: How to deal with husband with two wives

I am woman my husband marry me but he is having a wife before me and now after 5years he left me. he is living with his 1st wife how to punish him

Advocate Debayan Sen answered
I am guesssing you as a Hindu and thereby giving my advice accordingly. If the said person has concealed the first marriage from you then criminal proceesings can be initiated by you u/s 495 ipc. There is also the options of employing other relevant sections after due study of the case. You might be liable to get a hefty compensation amount but such claim is subject to the charges that is being brought against the husband.

Q: Is case under IPC 420 120B 471 bailable or not

120B,420,468,471 ipc section is cbi case Bala able or non Bala able

Advocate Debayan Sen answered
Sections 420 and 468 are non-bailable but one can get bail under 120B and 471. Section 420 talks about Cheating and thereby dishonestly inducing delivery and 468 talks about forgery with similar punishment of maximum 7 years with fine. These offences are of serious in nature and the accused are subject to the discretionary powers of the magistrate granting bail.