Advocate Ajitpal Singh Mander

Questions Answered by Advocate Ajitpal Singh Mander

Q: How can I request a CBI enquiry when the police are not fulfilling their duty?

I filed a complaint against my business partner, shop owner, and others for illegally seizing my shop with the help of police involvement. I sent copies by post to the SSP, Human Rights Delhi MLA, Chief Minister of Punjab, Women's Cell, and the High Court judge. The accused obtained signatures on a Panchayati Rajinama with three witnesses from each side. We were coerced into signing these papers under severe threat, especially since the ASI involved had already lodged a false FIR against me. These influential individuals are obstructing police duty. How can someone request a CBI inquiry when the police are failing to perform their duties?

Advocate Ajitpal Singh Mander answered
CBI inquiry cannot be claimed in each and every case it can only be rarest in rate case. facts of your case doesn't involve any rarety. you can file complaint before the court of judicial magistrate first class if your city if you not satisfied with the police investigation. you can also file fivil suit to claim any damages etc.

Q: I was caught having sex with a spa girl in a spa room

1. Is it illegal to have sex in a spa if caught during a police raid?
2. If no money was exchanged and sex happened with mutual consent, is it still a crime?
3. What are the legal consequences for:
   • The client (me)
   • The spa girl
   • The spa owner (who was unaware of the act)

Advocate Ajitpal Singh Mander answered

Possible Defenses If You Are Caught in a Spa Raid

• No Money Was Exchanged: If you can prove no financial transaction, you may not be guilty under prostitution laws.
• Consent-Based Private Act: If sex happened privately with mutual consent, it may not be punishable.
• Spa Owner's Unawareness: If the owner was not involved, they can defend themselves legally.

Q: Law related forgery signature punishment in india

What is the minimum punishment for forgery of signatures? What are the duplicate signature laws in India?

Advocate Ajitpal Singh Mander answered
The forgery signature punishment in India is covered under Section 465 of the Indian Penal Code (IPC). The general punishment for forgery is imprisonment for up to two years, or a fine, or both. However, if forgery involves making false documents with the intent to cheat, the punishment may be extended up to ten years. If the forgery pertains to false wills or valuable securities, the punishment can be extended to life imprisonment under Section 467 IPC.

Q: Diffirence between ipc 307 and ipc 308

Hello. Some peoples atack on me. Docters take my head opration and said hit a mettal road and dangarous to life .. but police added ipc 307 .. not ipc 308 whyy...police save those peoples who's atack on me.... Ipc 308 docters ke biyan se lagi ja police ne jaan buj kar laga dii

Advocate Ajitpal Singh Mander answered
Your question is self contradictory as you have written 'But police added IPC section 307'.... However, in the next line you have mentioned as IPC section '308 Doctor ke Byan se lagi ja police ne jaan bujh kar laga dee'. from it I am unable to understand what is your proposition. For the sake of information it is added that IPC Section 307 is about attempt to murder whereas Section 308 IPC denoted for attempt to Culpable Homicide. Moreover the IPC sections are to be mentioned in FIR/Criminal case as per your statement recorded before the police as well as in the light of opinion of the Doctor. As if you have given statement before police as to the fact that the accused caused the injuries with an intention to murder then section 307 IPC attracted otherwise section 308 IPC attracted. Similarly if Doctor opined that the injuries are dangerous to life and are caused with blunt weapon weapon then generally police added Section 308 IPC otherwise if Doctor opined that the dangerous to life injuries caused by fire arms, or sharp edged weapon then Police added section 307 IPC.

Q: Can section 377 be quashed by the court

Is ipc 377 is qashable??

Advocate Ajitpal Singh Mander answered
Every act of sodomy cannot be subject of quashing by using the extra ordinary Jurisdiction of High Court under section 482 Code of Criminal Procedure. Only Act of Consensual Homosexual activities may be quashed as per the verdict of Delhi High Court. However, Now Hon,ble Supreme Court override this Judgment In a major setback to gay rights activists, the Supreme Court on 10-07-2018 held that homosexuality or unnatural sex between two consenting adults under Section 377 of the Indian Penal Code is illegal and will continue to be an offence. This provision did not suffer from any constitutional infirmity, it said.A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya set aside the Delhi High Court’s verdict decriminalising homosexuality . Section 377 holds that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal commits an unnatural offence. The Bench said: “We hold that Section 377 does not suffer from… unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” It, however, said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati.”Writing the judgment, Justice Singhvi (who retired on Wednesday) said: “Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes; and the people falling in the latter category cannot claim that Section 377 suffers from the vice of arbitrariness and irrational classification. What Section 377 does is merely to define the particular offence and prescribe punishment for the same which can be awarded if, in the trial conducted in accordance with the provisions of the Code of Criminal Procedure and other statutes of the same family, the person is found guilty. Therefore, the High Court was not right in declaring Section 377 ultra vires Articles 14 and 15 of the Constitution.”On March 27, 2012, the court reserved verdict after arguments that started on February 15, 2012. Parents of gays, lesbians, bi-sexuals and transgenders supported the High Court ruling, which was delivered on petitions filed by the NAZ Foundation and others. It was argued that Section 377 was against their right to life and liberty guaranteed under the Constitution. The Delhi Commission for Protection of Child Rights, the All-India Muslim Personal Law Board and the Apostolic Churches Alliance had opposed the judgment.The Bench said: “While reading down Section 377, the High Court overlooked that a miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders, and in the more than 150 years past, less than 200 persons have been prosecuted for committing offence under Section 377, and this cannot be made a sound basis for declaring that Section ultra vires Articles 14, 15 and 21.”