Advocate Anjaneya Mishra

Questions Answered by Advocate Anjaneya Mishra

Q: What is the next step after summons received from court to get witness

Hlo sir/mam..mujhe ye puchna hai ki kuch time phele mere sath kisi ne ladae rhi thi jismai mujhe bahut injury ayi thi or unke oper 308 lagi thi ...joki unlogo ney mana kr dea accept krne se.to mujhe summon aye hai witness ke lea to mujhe ye puchna tha ki mai kya kru ab ...plss suggest me mujhe court ke bare mai kuch knowlegde nae hai ...ab trial chalega to mai kya kru.is ap ke bare mai bhut suna hai pls reply me some good suggestion.

Advocate Anjaneya Mishra answered
AAp ja ke apni gawahi record karwayen. Aapne jo case kiya hai uske aap main witness hain. Aap ja k wohi bole jo aapke saath huua hai aur aapne jo apne complaint mein likha hai jiske upar FIR hui hai. Baaki kaam PP saab ka hai.

Q: What to do if the husband is absconding

Got married on 22 may 2015. In march 2018 Husbnd told me to leave the job as he has got new job in udaipur. I did the same. I may he told m he is not going to Udaipur so i fought with him. On 9th may he ran away from house and now he is not available een on phone calls. How can i get him back?

Advocate Anjaneya Mishra answered
You should firstly file a missing report before the concerned police station. Try to find out his whereabouts, all possible places of residence etc and then decide whether you want to stay with him or not. If yes, file a petition for the restitution of conjugal rights if no, file a divorce petition.

Q: What to do if husband beats up wife and the police not taking action

My husband has not been coming in the house from last 1moth and before leaving the house he had beaten me mercilessly but i didn't complain for it. Now after few days i have given a complaint to police station.IO were not at all coperative and we had a fight with him, now we had filed the same complainant to dcp office,today i got a call from the women cell that the case has been ascalated to them but i dont want the case to ascalate to the woman cell and specifically for this small woman cell.I have no idea the complaint has been forwarded by the IO or through the dcp office.To the IO, i clearly told not to send it to the woman cell.I have told the women cell person that i have not sent the case here, i wanted police to take strict action against the beating as i have proofs like recordings,msgs etc. That person didnt object on that n talked 2me nicely and told me to go there and give it in written.What should i write,should i transfer it to Nanakpura or tell them not to file nw

Advocate Anjaneya Mishra answered
It has been specifically instructed to all the Police Tstaions to first try to settle amy matrimonial dispute by sending it to the Women's Cell. In case if you dont want to get your matter referred to the Women's Cell, make an application fpr the registration of FIR straightaway. In case even the DCP dosent order, you may file a complaint u/s 200 for the registration of the FIR as per section 156(3) Cr.P.C u/s 498A IPC and other penal provisions.

Q: Will a police file FIR if my signature has been copied by somoene

One of my neighbour filed a complaint of bribery by a BSES officer .In the complaint he has signed my signature and submitted it to vigilance department of BSES .Does this amount to forgery ? Will police register FIR on my complaint that my signs have been forged in the complaint .

Advocate Anjaneya Mishra answered
Your neighbor has committed offences of impersonation and misrepresentation for which he is liable to be prosecuted. You may file a complaint in the police station for the registration of FIR against your neighbor.

Q: Complaint filed by wife in women cell & deny copy of complaint letter

My wife filed a complaint against me in women cell for settlement out of court by false ellegations and I have all the proofs and recordings that her all ellegations are wrong and they done the marriage for money. I have demanded copy of complaint from women cell but they denied and taking girl side intentionally and also giving me date and time as per my office. Please suggest.

Advocate Anjaneya Mishra answered
Answer: Women's Cell would not give u the copy as matter of right because its a police record under inquiry. You can however file an application under section 6 of the RTI. You shall be entitled to receive the copy of the complaint filed by your wife from the police within 30 days from the receipt of the RTI application.Also please bear in mind that in case if you dont want to settle, file a petition of the dissolution of marriage. You can also file a complaint against your wife for the registration of the FIR u/s 406 if you have any such recording in your favour to corroborate your allegations.