Advocate Anchal

Questions Answered by Advocate Anchal

Q: My exboyfriend want relationship with me without my consent

Agar me apne ex boyfriend ke khilaf ye complaint krti hu ki vo jabardasti mujhe relationship me rehne ke liye majboor kr rha h or bar bar call krke yha tak ki dusre dusre number se call krke meri mental health khrab karra h or mna krne ke bad vo dhamki bhi dera hai ki hamari photos meri family ko dikha dega to agar ye sab complaint me kru uske khilaf or saboot k tor par call recording or msg dikhau to usko kitne saal ki jail hogi or ky saja milegi

Advocate Anchal answered
Agar aapke pass Sare evidence hain aur Sare recordings photos Ke sads Hain agar aap is per FIR Karana Chahte Hain To aapka FIR ho jaega lagega aur aapka defamation ka lagega jismein Saja mil Jayegi isko aapke pass Jyada strong evidence Hai To Usi according rahega time waste na Karen aur jaldi ho sake utna jaldi

Q: witholding transcripts and degree certificate

I had completed my coursework B.Sc. in 2024, but i had 1 backlog and also fees due of 73,000. Before i could clear it my mother was ill, so took a drop and i have cleared my backlog in Aug 2026. I emailed the registrar about my difficulty to clear my due and I was allowed to make payments in EMI within 2 years. Initially registrar said they would give all docs but later when i went office i was given only gradesheets. They withheld transcript and degree certificate. What to do now?

Advocate Anchal answered
This is a common issue and you have a strong case if you have proof of the EMI arrangement.*Legal Position:*1. Universities/Colleges cannot ordinarily withhold the Degree Certificate indefinitely as a pressure tactic for fees, especially after you have cleared all academic requirements. The Supreme Court and various High Courts have held that withholding original certificates amounts to deficiency in service. However, the institution does have a right to recover legitimate dues.2. Since the Registrar has allowed you in writing to pay in EMI within 2 years, that email constitutes a binding agreement / promissory estoppel. If you are complying with the EMI schedule, they cannot go back on their promise and withhold your transcript and degree.*What you should do now:**1. Document Everything:* Preserve the email from the Registrar allowing EMI, all fee payment receipts, gradesheets, backlog clearance proof, and any written communication where they promised to give all documents.*2. Written Representation:* Make a formal written representation to the Registrar and Vice-Chancellor through Registered Post + Email, attaching the EMI approval email and stating that you are adhering to the payment schedule. Request them to release the transcript and degree within 15 days, as withholding them is causing loss of employment/higher studies opportunity.*3. Statutory Remedies:* If they do not respond, you can file a grievance on the UGC e-Samadhan portal and with the University Ombudsman. *4. Legal Remedy:* If still unresolved, you have two effective remedies: a) Send a Legal Notice through an Advocate. b) File a Writ Petition under Article 226 before the concerned High Court for direction to release documents, or file a complaint before the Consumer Commission for deficiency of service and unfair trade practice, seeking release of documents and compensation.As you are complying with the agreed EMI, the court is likely to direct the University to release your Degree and Transcript, while allowing you to continue paying the balance EMI.

Q: Section 5 details and section 15

My wife filed sec9, sec15 in 2022. She claimed I going to marry sister-in-law Rajani in her petiton. I filed sec 13 1ia in 2022. Again she filed sec498A in highcourt in 2024. After contest I got divorce decree document in mar 2026. Now my parent plan to marry my sister-in-law Rajani in Feb 2027. Shall I get marry her now. What kind of legal issue may face again?

Advocate Anchal answered
Firstly quashing the FIR of 498a .After than you can proceed with marry again . and there us right of appeal she have 3 months period for filling appeal regarding divorce petition. After latest the appeal period. than you can go for the marry

Q: after mutual agreement Which statement girl should give to close 498a

We have made a mutual agreement, and the first motion has been completed now to close the 498a case i need to give the statement , other party advocate is saying no need to go to high court we can close in mm court , in 498a charges has been framed on husband and matter is at my evidence. what statement shall i give to close the 498a case

Advocate Anchal answered
498 is not compoundable in many states High Court can quiz the fire case under section 248 CrPC Section section 528 bnss view of BS Joshi versus state of Haryana versus State of Punjab you file question petition and exam mutual settlement and first motion order High Court will record your statement and quiz the processing this fully closed the matter if you want to close in mm coated self Asus has charged frame Court cannot simply compound in without permission you will exam and the pw1 if you have genuine settled you can depose that due to material difference arise out of misunderstanding now we have enter into any cable settlement first motion of nature drivers under 16 b h m a love I have received all my Sridhar articles permanent settled noun cruelty committed by the cule I have no previous left and I do not do that case I have settle without any question on my turning no supporting procedure the it is will be total 270 to bnss do not make a force contractor statement just to help state only true fact and settlement the magistrate miss still not activate if he find if he find 1 hour question in High Court remain legally more source get a settlement and record and keep professional element

Q: criminal case cc case DETAILED ANSWER REQUIRED

clarify if after whether the proceedings in a private complaint warrant case, instituted otherwise than on a police report, remain at the stage of inquiry until charges are framed, and whether the power under Section 319(1) Cr.P.C. can be exercised during this pre-trial inquiry stage, before the commencement of trial..

Advocate Anchal answered
yes it remains enquirytal frame of charge of susception 399 clause 1 CrPC in a warrant case instituted otherwise than on police report processing procedure is under section 244 to 47 crtc bnss section 243 to 48 after cognitive magistrate record precharges under section 244 under section 245 he may discharge or under section 246 framing charge of prime of AC case under as per section 2 closure CrPC enquiry include every enquiry other than trial hands proceeding remain at the stage of enquiry till charges frame under section 246 trial comments only after framing of charge rather than section 399 crossword CrPC Expressway status any enquiry into trial of an offence the term enquiry under section 244 this is settle by bench in Hardeep Singh vs State of India 2024 if in work after charge proceeding kua newly added accusal comments do from section 244 section 3 19 CrPC is now section 358 bnss conclusion free charge stage in private complaint warrant case is enquiry