Advocate Arshnit Sandhu

Questions Answered by Advocate Arshnit Sandhu (25+ answers)

Q: Can someone be arrested in section 354A on the basis of a female stat

Hi,Can someone be arrested just merely basis of false allegation of staring her chest without any evidence. What happens if man himself approached the police regarding the same and request the police to investigate as she is making false allegations.

Advocate Arshnit Sandhu answered
Nowadays, arrest is not that easy, though if FIR is filed, in cognizable offence the police must issue section 35 BNSS notice and you must accompany your advocate to police station to comply with the said notice.

Q: Misuse of law by a women putting false allegations

What action can be taken against a women who has been misusing the laws by putting false allegations without any evidence ? What are the legal remedies

Advocate Arshnit Sandhu answered
Firstly, would require more clarity as to which cases are filed? or there are just false allegations? The case of malicious prosecution can be filed under Section 248 BNS provided cases have been filed or criminal defamation.

Q: Applicability of Section 42 (6)

I have a known case where the start up company backdated a board resolution approving allotment of shares to allotee , however the same is not followed up with any letter of allotment through formal means . Allotee is not aware whether she has been alloted any shares as there is no communication. Now the company goes ahead and files PAS 3 without allotee's knowledge. Can allotee demand refund of application money if she is not communicated the allotment post 60 days of sending application money

Advocate Arshnit Sandhu answered
If the company failed to allot shares and communicate the allotment within 60 days of receiving the application money, the allottee is entitled to a refund under Section 39 of the Companies Act, 2013. Filing PAS-3 without informing the allottee and without issuing a formal allotment letter is a procedural lapse.

Q: Police filed fake closure report for bns 69 at Faridabad

I have all the proofs and chats with acceptance from the accused. I even provided the same to ACP, sho and io but accused bribed them and now at ncw office I get to see fake statement 164, wrong cdr copy with random dates and time. Accused promised marriage in front of io but now they are closing it without filing it at court. Met ACP who is saying I went hostile, while there are proofs of io forcing me to share withdrawal affidavit. My request for police protection to magistrate is denied.

Advocate Arshnit Sandhu answered
Hello, Whenever there is a doubt that the police are baised or the investigation is not being conducted in a fair and reasonable manner, you can approach the magistrate under Section 175(3) of BNSS, basically, the magistrate will supervise that the investigation is fair.