Advocate Anupam Chaudhary

Questions Answered by Advocate Anupam Chaudhary (25+ answers)

Q: I am cheated by a carpenter can I complaint through consumer court.

I saw a ad on Facebook and I approach him to build some furniture and went to see his workshop and gave an advance of 69k,and now we have put a contract that he will do it in 1 month but he hasn't,Can i approach the consumer court for this and how should I approach

Advocate Anupam Chaudhary answered
You should firstly send him a letter asking him to hand over the goods to you as per the agreement and in the event of failure to do so, the agreement would be terminated at your option whereafter you would be entitled to the refund of amount with interest.You can considering availing civil remedies including filing of a consumer complaint.

Q: Initiating me for fight and slap me fastly in front of public

As my case is 1 year old but till now my confidence level is also got down because I can't do anything against him who beat me in spite of education. At that time, the shopkeeper told me go to take tea but tea maker said that you will come after 2 or 3 minutes later then the shopkeeper again told after that he told me again to go than I said sir I will go after 2 or 3 minutes because he said if i go then he scold me but the shopkeeper speak loudly to me then I go instead of talking to him then teamaker assistant using abuse language for me because I go before 2 or 3 minutes then I said to medical shopkeeper that I told you but you start to speak loudly on me then he said that ignore him then he try to beat me by using wrong words for me so he will do something and I beat him then he push me very rapidly but I balanced himself after that he said you go to home and no need to come again than i said that finalize my salary till date and then i will go suddenly his younger brother slap me.

Advocate Anupam Chaudhary answered
You ought to have filed a complaint for assault or hurt. If there are witnesses to the incident who will come and testify, you should still file the complaint. You would however need to explain the delay in filing the complaint

Q: I established a physical relationship with a married women.but she don't know I'm also married.I hid

I established a physical relationship with a married women.but she don't know I'm also married.I hide my marriage status.but I can't promise him to married.I want to leave this relationship because I understand its a wrong way.but she blackmaling me to file rape case.can it consider to rape??

Advocate Anupam Chaudhary answered
If you can show consent, rape may not be made out. However, if she chooses to file a complaint against you under 376,the police would be virtually obligated to convert that complaint into FIR as Lalita Kumari judgment mandates registration of FIR in such cases. If the physical relationship was consensual, then no criminal offence should be made out. Joseph Shine judgment of the Supreme court has already decriminalised adultery. Adultery, though, is a ground for divorce.

Q: Close friend gave me a forged appointment letter with a company

Hello, someone I know promised me a job and even got me an appointment letter which I found out was fake but she took nothing from me, neither money, nor anything else. She was just pretending to be helping me all the time as a friend. Under which sections I can file a criminal case against her? Can I attract section 467 to teach her a good lesson? I lost nothing in this entire episode except some time. It all happened 2 months ago and I wanted to bury the case but now my friends are saying that I should teach her a lesson, what can I do? Can I file a case under sec 467? Will filing FIR after 2 months affect my case?

Advocate Anupam Chaudhary answered
It is, amongst other things, criminal breach of trust. Section 467 IPC will not be attracted as it is a specific section which deals with circumstances unrelated to your case. You can try to get forgery added but intent to commit fraud is an indispensable ingredient of forgery. If you can show Mala fide on her part, forgery may be made out.

Q: Investigating Officer is filed a false chargesheet in 376 IPC, pocso

HiI am Narender from delhi. I am facing a trial in U/S 342, 323, 376, 376(2)n IPC & 6 Pocso Act, PS-Kirti Nagar, Delhi. My Judicial custodial period is 10 months 4 days in Jail No. 8 & 9, Tihar, Delhi. nn1. Victim has stated before the Honb'le Trial Court that investigating officer told him, if you will not given statements against Narender then she will send to me and my mother's to jail. I had scared & i had given statements against Narender. nn2. Victim's mother has also stated before the Hon'ble Trial Court that she had given to statements of Investigating officer accused Narender is innocent and he had helped me but police wrongly arrest the accused NarenderNow, I want to know that how to filed a case against investigating officer and station house officer.

Advocate Anupam Chaudhary answered
Give a detailed complaint in writing to the DCP concerned. If the DCP chooses not to act on the erring officials, you will be well within your right to move the jurisdictional court concerned under Section 156(3) of the Code of Criminal Procedure to seek a direction from the court for registration of FIR