Advocate Arjun S

Questions Answered by Advocate Arjun S (100+ answers)

Q: Telegram financial fraud cyber crime

I am a victim of telegram financial fraud last year. It's been more than17 months and the police has finally concluded the investigation and frozen the funds in 9 different bank accounts. Now they told me to get a lawyer to petition to court for releasing the funds . I've consulted a lawyer and he told that for surity I need to produce whatever the judge asks . That it will mostly be bike security or any trusted individuals vouching for me . Why can't I sign an indemnity bond instead?

Advocate Arjun S answered
In such cases, the court requires security to ensure no wrongful claim on the frozen funds. An indemnity bond alone may not suffice unless the judge is convinced it offers adequate assurance. You can request the court to accept an indemnity bond with supporting documents like FIR, charge sheet, and bank proof. A petition under CrPC Sec. 451/457 can be filed seeking fund release. Legal counsel can argue for exemption from property surety on humanitarian or financial grounds.

Q: Your girlfriend's path to an OCI card

Due to some circumstances a boy and girl is not married but they have kid. Unfortunately both cant be married. Girls marital status is single.Boy in india citizenship by birth and girl is from thailand and kid is born in thailand. I know child can get citizenship as boy is Indian with in a year it has to be registered in indian consolate.how about the girl being parent for the child whats process of getting OCI.

Advocate Arjun S answered
For the child born in Thailand to an Indian father and unmarried Thai mother, the child can acquire Indian citizenship by registration at the Indian Consulate within one year of birth. The mother, being a foreign national, may apply for an OCI card as a parent of a minor Indian citizen by submitting the child’s Indian passport, birth certificate, and proof of relationship to the nearest Indian Mission.

Q: Declaration suit for name changing birth certificate

I am divorced mother … I have my daughter full custody court order I legally married again. Our both passport have spouse name . My daughter passport , adhaar and bank passbook showing stepfather name as a father want to change my daughter birth certificate name also step father name for official purpose .. because my husband want to sponsor her uae visa so what can I do now please suggest me ..

Advocate Arjun S answered
As per law, the child’s biological father’s name cannot be replaced in the birth certificate. However, your husband can be recorded as the stepfather in supporting documents through a declaration or court order. For UAE visa sponsorship, you may obtain a legal guardianship or step-parent affidavit and attestation from the authorities to fulfill immigration requirements.

Q: crpc petition query magistrate court

when added as accused in ongoing cc trial case can the accused who is the 3rd accused in this case can be exempted from appearing in the court using 317 crpc stating working in abroad and if court magistrate will accpet it.. 3rd accused added in evidence stage through 319 crpc and is key witness and has strong reasons to be influenced by other 2 accused ...legal opinions and suggestions for objecting the 317 and will court allow my objection...

Advocate Arjun S answered
Under Section 317 CrPC, the court may exempt personal appearance of an accused on sufficient cause shown. However, since the 3rd accused has been added under Section 319 CrPC during the evidence stage and is a material witness with potential to be influenced by other co-accused, you have valid grounds to object.Legal Suggestions for Objection:File a written objection stating:The accused was added under Section 319 CrPC, which requires strong evidence against them.His presence is crucial for fair trial and cross-examination.His absence may lead to tampering, delay, or pressure on witnesses.He is not yet examined and court cannot assess his role without personal presence.Cite Precedents: Courts have held that Section 317 CrPC is discretionary and not automatic. In serious cases or where the accused is added later under 319 CrPC, exemption can be denied if prejudice is possible.Highlight Risk Factors:Ongoing influence by other accused.Absence may obstruct cross-examination or alter the course of justice.Will the Court Allow Objection?Yes, the Magistrate has the power to reject exemption under Section 317 CrPC if convinced that the presence of the accused is necessary for the fair trial. Your objection can succeed if you show:The accused is a key part of the conspiracy.Physical presence is essential for proceedings.Exemption would prejudice the case or delay justice.You can also request the court to issue a non-bailable warrant or conditional appearance order if the accused fails to attend despite summons.

Q: refusing to issue the payment to me

my case it criminal and i released from court and the petitioner went to labour court and Labour court issued adjudgment to pay the amount petitioners with getting indemnity from me. appeal to high Chennai and Chennai high court and issues the judgment on 17.102023 to make all payment along with interest and released from the case. Now the Coimbatore corporation informed me tha the case in court .and i came to understand that they appied the review petition on 04.02.2025. now what can i do sir

Advocate Arjun S answered
File a counter to the review petition filed by Coimbatore Corporation, asserting that the High Court judgment has attained finality. Comply with the payment directions unless a stay has been granted. Confirm the case status and hearing date, and ensure representation. If the review is dismissed or new issues arise, you may challenge by appeal or writ as advised.Arjun SaravananRajendra Law Office LLP