Advocate Rishi Kumar

Questions Answered by Advocate Rishi Kumar

Q: Anticipatory bail in 498A, when NBW issued without BW or Summons.

Hi,nThis is a simple 498A case without any evidence, High court rejected stating custodial interogattion is required,however the anticipatory bail was dismissed by the apex court again in a silent order but however while the case was pending in the apex court the police filed the chargesheet(complete).Now the thing was in court. In the mean while nothing happened and the court didnt give us any summons, no BW nothing. All of a sudden we came to know the court has issued NBW without SR report of Summons or ER of BW cause they were never issued in the first place may have been ordered. What are the chances of Anticipatory bail as I never recieved any intimation to appear infront of the court and no address change has been made in my residence either and no other sections of IPC has been mentioned as well.

Advocate Rishi Kumar answered
share Details ; prima facies it's seem there is some conclusive evidences on basis of which Hon’ble High court refer for custodial interrogation; now we have see the chargesheet on basis of which further course of action will be decided.

Q: Fir is filed on my husband because of a property dispute

My question is we live in uae and my husband applied for his passport renewal on October from here as it was expiring on Feb next year with all his documents correctly. There is a long property dispute going on in his hometown for so many years btw there family so even after all this police clear the verification from there side told by our relative there but now we got call from consulate that there is fir on him so due to this they are not able to issue passport... Although he has no involvement in all this issue as we living here uae from so many years... How should we solve this issue please guide us

Advocate Rishi Kumar answered
Definitely you need a clear clarification and further verification for renewal of an Passport; they had rightly refused the Renewal as per the relevant provisions and law ; the remedy lies with the court - contact with all details

Q: Case of 406 Criminal Revision is pending before Sessions Court

A criminal revision is pending before the Session's Court Chandauli, CJM court has coverted the application under 156(3) into COMPLAINT case, summoning the accused under IPC 406.Now from the date of filing the revision and the counter application by the said accused, the judge or court has not listened the matter , only next date is given ,one year is about to end, no relief the matter got stuck from the last one year. I am asking for any relief from the High Court or session court to get some progress in the matter.

Advocate Rishi Kumar answered
As you had mentioned about pendency of criminal revision at session court Chandauli; and matter is not listed as per your statement- in these conditions you could approach high court for expediting the matter ! contact with all details

Q: Child custody for 3years old son as father is forcing the mother to ab

I m dentist,42,my husband is top management position in mnc company this is our second màrraige nWe have a 3years old son n m pregnant with four months .my husband is overtly abusive verbally n rude n very dominating nHe has been forcing nw to get an abortion done since last three days that y m planning to file a divorce case nI m presently not earning wellln he is earning well nWat chancse are there for me to have custody of my 3 years old son

Advocate Rishi Kumar answered
your child too small ; further he couldn't force you to get an abortion; relevant provisions under Indian penal code deals against this , you could file complaint at any of the forum available for Matrimonial disputes ;you are comfortable with -

Q: Brother in law cheated us with money,marriage jewellery, absconding

Hi,nMy husband's brother cheated us with around 50 lakhs and my jewellery which I got at my marriage, he used to extort big chunks of money by emotionally blackmailing my husband since beginning, after our marriage he asked my husband to force me to give all my jwellrry and money to him in the pretext of putting it in his locker.After 5 months he stopped talking to us, not responding to calls or meet at his home.It's been 5 yrs now and we're actively pursuing it so he is threatening us by various means and now my father in law who is taking his side tells us that brother in law has taken loan against the locker as he is in financial crunch so please leave it.Father in law is playing emotional card, brother in law is threatening us.. nWhat should I do now, we are working in Bangalore and they know that we wont be able to come to hometown again and again to pursue this, please help.. We have all the remittance proof of money which my husband use to send him from UKn#Hindu

Advocate Rishi Kumar answered
The first option you had already availed ; I.e family settlement of a Dispute ; now only thing that is left is legal remedies- for that you had to initiate with First information report to concern police thana ; if it is not done then through court - provide all Details to detail and specific Advice