Advocate Advait Ghosh

Questions Answered by Advocate Advait Ghosh

Q: Protest Petition Or Private Complaint

Police filed FIR cancellation report in my case. Now should I file protest petition against the cancelation report OR should I file private complaint u/s 200 and then pursue the case. Please guide.

Advocate Advait Ghosh answered
Go for a protest Petition against the same, it is your right to do so, Magistrade usually in most cases issues notice on the same without any demur as a matter of course, no need for separate complaint, I have done many similar cases

Q: Regarding raising wall height on the roof

I am living in East Delhi and I am the owner of 3rd/top floor with complete roof rights. Now I want to increase the height of my roof by adding the bricks on the circumference of my roof upto 8ft(3ft already there as it was the boundary and an additional 5 ft). Is it legal to do it? As one of my neighbour objected that it will increase the load on the building and hence I cannot do it.

Advocate Advait Ghosh answered
We can file a Suit in the concerned District Court for the same, I am doing a similar case, you are very much entitled to do so, we can file a Suit for the same, it is called a Suit for Mandatory Injunction, I can help you with it sir

Q: Cheating fraud and rape on pretext of marriage

I am a MD doctor and have said different versions in 164 and FIR and I have given fir after 8 months.\nI have fabricated the FIR and when medical was done what I told in terms of months of sexual intercourse is different from FIR. I want to take revenge from this guy and want to misuse law. I am a feminist what should I do

Advocate Advait Ghosh answered
Hi Sir, I recently did a similar case and I succeeded in securing anticipatory bail for that person from the Supreme Court, I can share em that order also with you, I argued myself, also Sir Uday vs Karnataka and other cases are in your favour

Q: Forgery, change of sealed envelope documents in judicial file

In a civil dispute, judicial file had some sealed envelope reports. Respondent in collusion with court staff got the report changed and judgment passed based on the fake report. The report had signatures of Predecessor judge. That has been forged. nWhat is the legal remedy to prove the forgery and tampering of judicial records? Which sections of IPC/ CrPC apply? Can this be argued in the civil appeal or a separate criminal case is to be filed for registering of FIR? Forensic examination of original report is required which only court can order. nCan the civil appeal take cognizance of this offense?

Advocate Advait Ghosh answered
yes first of all approach the police for registration of for. if police does not accept then write to the dcp of police. if that also does not work please file an application for 156(3) of the code of criminal procedure before a Magistrate for direction to police to register FIR.

Q: False Police Complaints against me - Can I take any legal action?

Somebody filed a FIR against me and others u/s 354D/506/509/34 based on a false complaint. I received police notice for joining investigation. However, I have not been charge sheeted in this case. nThe same person filed another false and frivolous police complaint against me and others regarding similar offences in other police station. FIR not registered by police and 156-3 also dismissed by Patiala House Court. nThe same thing happened again and I received calls from another police station to join investigation about another false complaint against me. Nothing found by police in this matter and police closed the complaint. 156-3 not filed by the complainant.So, can I take any legal action against this person like malicious prosecution etc. nPlease advise. Thanks.

Advocate Advait Ghosh answered
you can approach the Court under Section 482 of the CrPC for quashing of FIR if there are no merits...also plss take anticipatory bail first before going for anything as there is risk of arrest. I have done such cases quite a few times.