Advocate Abhinandan Thakur

Questions Answered by Advocate Abhinandan Thakur

Q: can police change section 452 to a bailable offence

I received my FIR copy on 14.8.18 stating ipc sec 452 on the accused which is non bailable. But Today it came to my notice that the accused have not gone to the court for bail, neither have they been arrested. Is it possible for the police to change the sec 452 to a bailable one?

Advocate Abhinandan Thakur answered
Dear userThere is no such law to change non bailable offence into bailable offence. An accused has to seek bail from the court on the first day of hearing whether it is a bailable offence or non bailable offence. There is a procedure followed as per CrPC in criminal proceedings. I suggest you to consult an advocate.

Q: Complaint against company for overcharging the bike rent

Sir we have hired 5 bikes from shimla on rent for 6 days to leh on reaching leh due to bad health of few guys we decided to parcel that bikes through transport and we did all bikes loaded with all safety measures. On reaching shimla the owner contact us and started renegotiating on damages which are made genuinely by carriage and blackmailing for casing file against damages which were not our fault. Plz suggest us what to do.

Advocate Abhinandan Thakur answered
Dear user,It is the right of every individual to exercise his/her right either by way filing a case or complaint or by contesting it. In your case you can not stop the owner/proprietor from filing a case against you even if you people are genuine.....may be he wants to extract money out of you...dont fall down by his threats....and if any damage is caused during transportation then you people are not liable for it.

Q: How to claim under motor vehicles act

I had an accident on a bus while returning from my govt job. A lot was spent on the case. I took 240 holidays and was left with 40% disability. The claim I got from magistrate court was measely and was of no use, so we found a lawyer and filed a case in high court. The problem starts here, we have paid him some part of legal fee. He acts very rude and does not answer our questions. According to him he has filed the case but I doubt so. Today I called him to ask where the case is, he rudely said, “high court mai case nhi pahuchta hai khi, notices aate hai etc”. Can someone please explain the procedures of the court and is there something i could get from him as a proof that the case has been filed(a reciept)?

Advocate Abhinandan Thakur answered
Sir....first..don't loose faith in our profession. For filing an appeal against the award passed by the MACT for enhancement there is a limitation period of 90 days from the date of order (date on which order is pronounced and time taken for obtaining the copy to be excluded). After the case is filed there is no such receipt provided as proof but initially every case is provided with a certain stamp number which when gets registered is given the registration number (one can check details of their case both by stamp number and registration number). So in your case you can ask your counsel to provide you the case number of your case by which you can online check and access record of your case, for example, as and when your case was registered and date wise proceedings with complete order. And after the case is listed for the first time in court then court issue notices to opposite party to put in appearance before the court. Since working in most of the high courts has now been online so general public can also access records such as details of cases, orders and judgments in cases by case numbers, name of party or name of advocates.

Q: Can I file case of defamation against a girl who has filed false case

Helo sir mera Brother ek ladki se pyar karta tha. Wo dhono shadi karne ke liye ghar se bhag gye or mere room aa gye. Janha me job karta hu. Un dhono ne aary smaj mandir me shadi ki. Me bhi unke sath shadi me tha. Ladki ke papa ko ye rishta manjur nhi tha or ladki ke papa ne police station me complaint kr di. Wo dhono mere room me 4 din rhe. Uske baad wo police station chale gye or wanha byan diye ki humne apni marzi se shadi ki hai. Uske baad ladki ke ghrwalo ne ladki pr dabav bnaya or use ghr le gye. 1 month baad hum dhono bhai pr rape ka case kr diya. Hume high court se bail mil gai. Ab case chal rha h. Ladki ne mere or bro ke upar ye eljam lgaye hai ki hume jabardasti se shadi karvai hai. Or usne mere upar nashe ki goliya khilane or ashil video bnane ka aarop lgaya hai. Or shadi ke liye kore kagaj par sing liye hai. Hum case jitene wale hai. Kya me us ladki pr maanhaani ka case kar sakta hu.

Advocate Abhinandan Thakur answered
Hello....after going through the facts provided by you, the legal position in your case is that your case has not attained finality which is very important for having cause of action to file a defamation case. And yes if you succeed in your ongoing case and if that judgement attains finality then you have a good case to file a defamation suit against the girl and you can also file a criminal complaint against the girl for malicious prosecution.