Advocate Ram Snehi Mishra

Questions Answered by Advocate Ram Snehi Mishra

Q: Cousin filed a case against me under 156(3), what action should I take

Sir mere hi chchere bhai ne mere uper Court me dhara 156(3) ke tahat jhutha mukadma darj kraya hai kripya madat kijiye

Advocate Ram Snehi Mishra answered
The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C. Therefore, I deem that it is very useful if it is discussed with relevant case law as to the powers of Magistrate under section of 156 (3) of Cr.P.C.

Q: How to file a criminal complaint against land owners for threatening

My name is Abhishek Kumar.I along with my friend formed a Pvt.ltd company. Then we leased a land and mortgage a land to obtain loan.The owner of the land and her son were made directors of the company. The company started a factory after obtaining a loan from the bank. However after the factory started the land owner started threatening us and abusing us.Since we were not natives of Bihar we couldn't do much. We were asked not to come to the factory again. We filed an information petition in the CJM court in August last year. Nothing happened though. Now we have heard they have filed a criminal case against us under Sec 420 and many other sections.The court hasn't taken cognizance yet.But how am I supposed to go about.... Shouldn't I file a criminal case too.

Advocate Ram Snehi Mishra answered
You should be more clear when you are explaining a case. Still we need to know the whole case proper. You immediately need to consult a lawyer Physically as a case instituted against you will not do good to you. And to your last question, yes you can file a counter case regarding the same.

Q: Can my Brother claim a share in my property

One property was purchased by me a few years ago. My younger brother was a minor at that time, now i think that he might claim a share in the property saying that he was a minor and this was purchased by family money. Is he legally allowed to claim in my property?

Advocate Ram Snehi Mishra answered
If the property is purchased from ur earnings and savings and nothing share from the parents or brothers earnings then ur brother have no right to claim the share from your self earning property and on details u have must collect all relative docs and then discuss in details for regarding this issue.