Advocate Akash Tiwari

Questions Answered by Advocate Akash Tiwari (25+ answers)

Q: Is it possible to file a criminal case after 10 years? What is the time limit for filing a criminal

Can I file a case after 10 years? In 2008, I was assaulted by a man, went to a government hospital for medical treatment, and tried to file an FIR at the police station. However, the police did not take my complaint seriously and did not accept my FIR application. Around that time, my brother had a serious accident, so I couldn't pursue the FIR. Now, that same person is threatening me again. I want to file an FIR based on the medical records and severe injuries from that incident. Please help me.

Advocate Akash Tiwari answered
Hello, dear client. Yes, you can file an FIR against that person. My advice to you is to file an FIR about the current problem and also give reference to the last medical and misbehave of the police. And for better results, you should register your complaint in court under sec 156(3) Cr. P.C (Section 175(3) of BNSS). All the best

Q: What evidence is needed to prove false allegations under the POCSO Act? How can one demonstrate fake

If a person (34 years old), innocent and working in the administration department of a school, is accused by a mother of a girl child of child molestation under IPC section 376D and sections 3/4 of the POCSO Act, what can be done to prove his innocence? Despite no evidence against him such as camera footage, clear medical reports, the child's mother claims oral misbehavior occurred. His bail application in the High Court is pending, and he has been in jail for 10 months. He is the sole earner for his household and lives with his mother. Please provide solutions and reasons why evidence may support his innocence.

Advocate Akash Tiwari answered
Can you show me the copy of FIR and tell me the file no in high Court...Ask for the certified copy of statement of that girl which has given under CrPC sec 164. Find the contradiction. This should help you out for prepration of bail. And show me medical and other reports too...Good luck

Q: Wifr Se Talak Lena Hai Par Wo Lena Nahi Chahti

Main apni wife se talak lena chahta hun par wo lena nahi chahti main kya karun wo bolti hai ki main tum par dahej pratha ka kesh lagaungi

Advocate Akash Tiwari answered
namaskar Sar aap apni Puri samasya bataen aap Salah Kyon Lena Chahte Hain ho gaya hai aur Adhik Jankari aapki furniture sthiti kya hai wife ke sambandh kaise hain vah Talaq Kyon Nahin chahti aur aap Kyon chahte hain abhi Jankari aap Sada Karenge tabhi main aapko Koi Sahi Salah De paunga dhanyvad

Q: File case where money lent to one person but cheque given by another

मैंने किसी व्यक्ति को पैसा दिया और कोई लिखित नहीं लिया बाद में पैसा मांगने पर वह किसी और व्यक्ति का चेक दिया क्या वह चेक बाउंस कराकर जिस व्यक्ति को पैसा दिया हूँ केस किया जा सकता है या नहीं. कृपया मार्गदर्शन दें.

Advocate Akash Tiwari answered
Hello dear client,Bilkul aap cheque bounce karwa sakte hain.. aapko dikhana hoga k is person ko paisa diya gya jiski gurantee ke liye cheque wale bande ne apna cheque diya. Ya fir direct cheque wale bande par hi blame kia ja sakta hai paise ka....

Q: What to do if after filing mutual divorce i don't wish to take divorce

Hi , my husband's family and mine family applied for mutual consent divorce in April 2018. I don't want to give him divorce but my family force me to do the signature just because of their respect. Now I want to go back to my in laws house..is there any process to go?because before going back to my in laws home I don't want to worhdraw the divorce.. Please suggest what should I do?

Advocate Akash Tiwari answered
Hello dear client,First of all this is your life and your marriage so don't get pressurized by any one not even your parents.If you wish to continue your marriage, solve the issues with your husband. You should know the stand of your husband about it.After filling divorce petition you would have get next date after 6 months.With in this period of 6 months you can solve issues with your husband, in laws and your parents. And move to your in laws home.When you both appear on next date in front of mediator appointed by court. You both can be agree to cancle the divorce if everything seems fine to both of you during these 6 months.Have a happy married life ahead.All the best