Advocate Amit Ranjan Mishra

Questions Answered by Advocate Amit Ranjan Mishra (50+ 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 Amit Ranjan Mishra answered
Delay FIR is equivalent to no FIR, because the burden will be on your head to explain the 10-year gap. Circumstances under which you were unable to lodge an FIR. But that same person is again threatening you, then approach to register FIR for a fresh cause along with the incident that happened 10 years back. Thank you!

Q: Can a person with an FIR registered against them appear for the UPSC exam? What are the UPSC rules r

Sir, please tell me if I can apply for the IAS/IPS exams despite having an FIR in a fighting case. If both parties later reach a compromise, can I still apply? Please advise regarding UPSC rules on candidates with criminal cases and whether someone with an FIR can become an IAS

Advocate Amit Ranjan Mishra answered
Go for FIR quashing in the concern Hon'ble High court to get rid of this problem. To join Civil Services you need vigilance clearance, in that case you matter can come in between you and your career. Thank you

Q: How can a rape case filed against a person be withdrawn? Can a rape victim drop the charges?

Sir, I was in a relationship with a man for three years and had physical contact with him. He married another woman without informing me and continued our relationship. After his wife and I discovered the truth, we both filed a rape case against him. The magistrate has recorded our statements, but now his family is in dire straits, and I am feeling uncomfortable about the situation. Is there any possibility for me to withdraw the case? Please advise if it's possible to drop rape charges.

Advocate Amit Ranjan Mishra answered
Yes you can withdraw the criminal Case under section 376 of IPC against your ex. But that will be not that easy. You have to prove for change in circumstances to the extent of reasonable doubt. Both party if try together than it will be easy.Thank you!

Q: my husband do fraud with me pl give me true lawyer in which i can cont

actually My husband has get away suddenly after doing fraud

Advocate Amit Ranjan Mishra answered
Immediately register a Missing report of your Husband in nearby Police Station. And if Police ask for any clue to find out your husband, tell them all you know about your husband.Opinion - Better to proceed further in your life. Thank you!

Q: I want divorce as my husband is assaulting me

Sir my husband does nothing n a habitual drunkard. He always takes money. not getting he use to assault n abuse me.I have no one in my maternal family. Please help me asap

Advocate Amit Ranjan Mishra answered
Immediately file complaint under section 12 of protection of women from domestic violence act, 2005. you can opt for Judicial Separations as per Hindu Marriage Act 1955.Opinion - Contact with a practising Lawyer, to proceed further properly.Thank you!