Advocate Arvind Thapliyal

Questions Answered by Advocate Arvind Thapliyal (25+ answers)

Q: Procedure to transfer false domestic violence case & maintenance case

Hi Sir, My wife has filed a false legal DV Case with Maintenance. She left me home on July'2016. She told wrong Salary of hers in the court. Also I got to know about her past marriage and when I asked her about the same she did not responded and neither gave any document that she has been divorced in her last marriage. She was humiliating me and my parents all the while. She left my home without reason we never asked her to leave. Now she has put a false case of DV and asking for false maintanense case. Pleases guide me how to come out of this safely and how to proceed for the same. Also Girl and myself both are staying at delhi. But she belongs from Punckulla so she has filed a case at Punchkulla. Is there any fesiblity to shift the case at Delhi Court. Regards, Soumya De

Advocate Arvind Thapliyal answered
Yes you will have to move the supreme court for transfer of the said case to Delhi but only if you have evidence that your wife is working in Delhi. I would also suggest that you file quashing before the high court to quash the said complaint as being false and frivolous.

Q: Legal remedies for fraud committed by cashier

sir, there was a cashier in our office who collects amount against proper receipts issued to members. That cashier issued proper receipts and took cash but misrepresent amount in cash book, hence done fraud AND FORGERY, CRIMINAL BREACH OF TRUST etc. . what are the remedies available to us, if we file criminal compliant then can we recover the amount standing on his part.

Advocate Arvind Thapliyal answered
There are two ways criminal complaint is not for recovery but to punish the accused for the offences committed. For that FIR Hasbro be registered. If police does not register FIR u have to file application under section 156(3) of cr.p.c. for recovery of money you have to file civil suit.

Q: False Rape Charges put up at the workplace

I work in an office where one of my client aggrieved that his application was rejected and that of his business rival was approved, filed a false rape case against me through his live-in female partner. The lady filed the FIR in August 2016 alleging rape by the business rival since 2010 and then continuous rape by the business rival using threat that he will upload her obscene pictures. My name is not mentioned in the FIR. In the FIR, the lady mentioned one of the date for rape as February and March 2012. In the statement before the magistrate the next day, she mentioned that I had raped her on these two dates in 2012. The truth is that I was in a different office in 2012 and had no connection with the person against whom FIR has been filed in 2012. I have never ever met the lady or spoken to her in person or over telephone. I thought the police will discharge me but now they have filed a chargesheet against me and the case is going to go to session court. How should I defend myself?

Advocate Arvind Thapliyal answered
First of all you will have to see under what sections they have filed the chargesheet besides 375 IPC.you can file application for discharge under 227 cr.p.c before framing of charge and as per supreme court recent judgment documents necessary can be summoned at time of framing charge.