Advocate Anshul Mittal

Questions Answered by Advocate Anshul Mittal

Q: Can a retired govt official be entitled to get pension if accused

I want to know about if any govt employee after retirement held any crime like murder etc then... Is he will be liable to get own pention regularly or not...plz reply me quickly as soon as possible...

Advocate Anshul Mittal answered
Pension cannot be stopped for any conduct of the person post his retirement. It's only when the person, while being in service, commits any act that entails disciplinary action, pension can be withheld. However, in your case, there are no valid grounds per se to stop pension

Q: What can be done for the compliance of SC order, police not supporting

In a 498a/406 case the bail was rejected by the Honble Supreme court. But punjab police did not arrest the accused . Now to whom we can file the complaint for the compliance of that order pls provide the name of legal office/ officer's name . Thanks

Advocate Anshul Mittal answered
Even if the court rejects the bail application of the accused, it is not mandatory for the police to arrest the accused. It is the discretion and prerogative of the police whether to arrest the accused or not.However, if you need to pressurise the police to arrest the accused then file an application before the magistrate concerned for monitoring of investigation.

Q: Any provison for private complaint before HC?

Is there any provision for a private complaint before HC much like a provision for private complaint before a magistrate under CRPC 200. The matter of the complaint is interstate and therefore I want that on examination of such complaint if any directions emerge it could be enforced on a court in another state.If there is no such provision please suggest any equivalent remedy by way of writ etc.

Advocate Anshul Mittal answered
There is no such provision per se in Cr PC. However, at times different remedies can be resorted to depending on the facts of the case like writ jurisdiction. It depends on what exactly is your grievance and what is your target.

Q: Can writ of 226 & 227 be filed at HC that has territorial jurisdiction

I have been implicated in false and fabricated 498A case the FIR has false and fabricated incidents that allegedly occurred at my hometown(A) and my wife native place(B) .The FIR was registered in B where she resides. A charge sheet has been now presented with no substantive findings at local court in B. 1. Now what remedy is better to file a petition under section 482 in HC or file a writ under section 226 and 227 read with sec 482 saying that my fundamentals rights were breached and wrong has ensued on me on account of such false charges. In which of these either quashing is possible by HC 2. Can a writ of 226 and 227 be filed at HC that has territorial jurisdiction over A

Advocate Anshul Mittal answered
Once the FIR gets registered then you can file all proceedings only in the court in whose jurisdiction the FIR is pending. Thus, High Court at A cannot pass any order in respect of FIR at B.Secondly, once charge sheet stands filed, you can seek quashing u/s 482 before the HC at B only. 226 lies before filing of charge sheet.

Q: Girlfriend putting false allegation after break up

If a girl commits suicide or fill an FIR against her male companion in the live-in-relationship because her male companion wants to ends the the relation. What are the said liabilities the guy has to suffered or go through? And how to save him from such liabilities?

Advocate Anshul Mittal answered
You can always lodge a report at your local police station against your girl friend regarding her threats and also your apprehension of being falsely implicated in some cases. As far as liabilities that you can suffer, there is no end to it. She can lodge anything from domestic violence (since you were in live-in) to rape on pretext of marriage.Preventive measures can be taken depending on the complete set of facts.