Advocate Akash Kumar Upadhyay
Advocate Akash enrolled with the Bar Council of Delhi in 2017.
Enrollment Number : D/7382/2017
- Consumer Forum North, Tiz Hazari
- District Court, Tis Hazari
- National Green Tribunal (NGT)
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Questions Answered by Advocate Akash Kumar Upadhyay
Q: Boy stalking even after blocking from social media
2 months ago a guy messaged me on facebook asking for my contact no. and i blocked him. now just two days before he is massaging my friends asking for my no. I really don,t want to talk to that guy what should i do..
Advocate Akash Kumar Upadhyay answered
Hello Ma'amReally sorry to hear that but there is no need to panic. Believing that you reside within the territorial boundaries of Delhi, I would request you to kindly call the Anti-Stalking Helpline at 1096 or Woman Helpline at 1091. Just narrate your complaint to the attendant, and share as much information as possible about the stalker (like his phone number, name, address; Facebook may prove handy in finding out such details). Your complaint will be dealt with professionally and in a time bound manner.You do not have to visit any police station or meet anyone. Your identity will be kept secret. Believe me, in more than 99% cases, a stringent warning in the form of a call or visit from an officer of the nearest Police Station is enough to send the message across that repetition of such an act would lead to dire consequences and thereby invaribly puts an end to such uncalled-for behaviour by the accused.Hope this helps!Do contact me if you need any further assistance/information.ThanksAdv. Akash Kumar UpadhyayDelhi
Q: RTI filing For Defence /paramilitary Department
Sr, may i file RTI in bsf for asking details about LTC claim for last 6 month, With full details.
Advocate Akash Kumar Upadhyay answered
Dear SirThe Section 24 of RTI Act provides exemption to Intelligence and Security agencies from sharing information barring two exceptions i.e. Corruption and Human Rights Violation.If you intend to expose/unveil some corruption/irregularities in LTCs, you may go ahead and file the application.If you need any assistance in drafting/filing the RTI Application on any matter with BSF or any other agency, kindly revert accordingly.ThanksAdv. Akash Kumar UpadhyayDelhi
Q: Need clarification on the procedure to get info from magistrate
Dear sir/ madam, I want some information from district magistrate. Which department I chose in rtionline portal for information to District Magistrate please guide me step by step I am very thankful to you.
Advocate Akash Kumar Upadhyay answered
Dear Sir/Ma'amUsing the online portal at rtionline.gov.in, you can only access information from Central Govt. Departments and institutions.The District Magistrate of every district serves under the state govt. So, RTIs to DM of a district cannot be filed online on the portal unless you are seeking information from any of the DMs serving under the Delhi Govt.The Delhi Govt has launched a similar portal for online application which can be accessed here-https://rtionline.delhi.gov.inDo let me know if you need any sort of help/assistance in drafting/filing your RTI Application.-Adv. Akash Kumar UpadhyayDelhi
Q: What action can be taken against minor boy sexting with a minor girl
Sir, If a 16 year boy is involved in sexting with the girl of same age then what are the actions that can be taken against him.. Please tell
Advocate Akash Kumar Upadhyay answered
Sir, If a boy sends obscene messages to a girl, such an act would amount to "Sexual Harassment" punishable u/s 354A(1)(iv) of IPC. Further, it is also punishable u/s 509 of IPC (i.e. word, gesture or act intended to insult the modesty of a woman). The former has provision for imprisonment up to 1 year or Fine or Both; the latter is a bit more stringent with provision for Simple imprisonment for 3 years + Fine. But since the boy is minor, he would be sent to Juvenile Home & not jail.Both the offenses are bailable but cognizable. Cognizable means that it is "mandatory" for the police to register an FIR and normally no "preliminary inquiry" is permitted. Also in cognizable offenses, the arrest can take place without a "warrant".Hope this answers your question.Do contact me if you need any further assistance in this case.ThanksAdv. Akash Kumar UpadhyayDelhi
Q: Procedure to file an RTI to know about a colonel's salary
I am hindu.my husband is a dentist in indian army .he is colonel. To know his latest salary where to put R T I as my maintenance case is going on.
Advocate Akash Kumar Upadhyay answered
Respected Ma’amThe Hon’ble Central Information Commission has made it abundantly clear that “Wives of government servants have a 'right' to know salary particulars of their husbands” in Ms.Jyoti Seherawat vs Government Of NCT Of Delhi, dated. 7 January, 2014 (CIC/AD/A/2012/003341¬SA).Further, the Hon’ble CIC in Sunita Chopra Vs. Dte of Education (North), GNCTD (CIC/SA/A/2015/001934) has held that, “Depending on the financial conditions and non availability of support from parents, when husband does not maintain his wife, it challenges her right to live, and thus information related to maintenance becomes life related information. This information about assets, income and investments of spouses is no more private or personal information as against spouses, even if that information could be personal or private information as against any person other than spouse. The proviso to Section 8(1)(j) read with Section 8(2) of the Right to Information Act entitled the appellant to get information which she sought because of overwhelming public interest in securing the lives of deserted wives.” With reference to your question i.e. where should you file the RTI Application?, I would suggest you to kindly provide me his exact designation and place of posting. This is vital as only then the PIO would be able to trace and provide personal details (i.e. salary etc.) of the individual officer. Once, the above details are provided, we can directly file the RTI with the concerned PIO or file an online RTI Application with the Ministry of Defence requesting it to forward it to the concerned PIO under Section 6(3) of the RTI Act.So, kindly provide me the aforesaid details i.e. “exact designation and place of posting”, and I will tell you the details of the Public Information Officer (PIO) having jurisdiction over your husband’s personal records.Further, if you wish I can file a crisp, to-the-point, legally drafted RTI Application on your behalf. I will mention all the relevant binding case laws and judgments so you may get required information at the earliest. I will draft the RTI Application completely and send it to you. You will just need to sign the application and send it back along with a copy of a self-attested ID Proof (which is mandatory while seeking such information from Ministry of Defence). I assure you that you will get the required information as early as possible and without any hassles.Hope to hear from you soon.-Adv. Akash Kumar UpadhyayDelhi
Frequently Asked Questions about Advocate Akash Kumar Upadhyay
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During your initial consultation with Advocate Akash Kumar Upadhyay, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
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