Advocate Arvind Thongepatil

Questions Answered by Advocate Arvind Thongepatil

Q: Police not taking an investigation further culprit moves freely

The Case was of theft from amongs the family member, CCTV shows that amount withdrawn from bank and now person is moving freely, family initially took a step to investigate through police and reported FIR and also took a magistrate order. Police is not investigating on the matter and family also have left the hope of person to be back and money also had gone. what can be done in this matter?

Advocate Arvind Thongepatil answered
The magistrate's order u/s156(3) of Cr. P. C. mandates that an offence should be registered by the concerned police station as if your FIR was registered earlier when you reported to the police. You may appear in person before the magistrate to know the status of your complaint.

Q: Parking before my shop and Blocking the Entrance

Society people are parking and Blocking the entrance of my Shop. The place before my shop is a Public place. Can IPC 339 applicable here ?

Advocate Arvind Thongepatil answered
If you cannot walk through the place and it's impossible to reach the shop where you have a right to go, the offence of wrongful restraint can be registered.But, if with a little difficulty, people can come and go, the public path being blocked, you may complain to the police who can book the offender u/s 283 IPC.

Q: Police arrested the family member of the accused for murder case

If a person got caught his/her name with another person who attempted murder .The first person was with the half murder attempter .If police don't caught anyone of them .Then can police arrest the family members of the first person who was with the half murderer person

Advocate Arvind Thongepatil answered
As long as the investigation is in progress, you can not question the arrest of the person whosoever he/she may be. The I.O. is answerable to the court at proper time. So, if the IO finds during the investigation that a particular person is involved in the crime and interrogation is warranted, he has the power to arrest!

Q: Can I re-marry my wife after we have had divorce by mutual consent

Hi, I got divorced by Mutual concent. But in this case my ex wife and me is too much love with each other. But now we both has realized it that we have made blunder mistake, now are ready to remarry. Is it possible?

Advocate Arvind Thongepatil answered
Sure, you can marry again with your old spouse. There is no bar whatsoever, and marriage is a contract. Already after the divorce, you both had become strangers to each other. So, go ahead, wish you all the best !!

Q: Frivolous cheque bounce case after vacating a flat sublet as fraud.

I am a working professional & was a tenant of a flat where the people who posed as landlords insisted we do not register or notarized the rental agreement and made it on a 500 RS stamp paper for 11 months contract. I had handed them 11 PDC as rent+paid 25000 deposit. I was approached on the 8th month that's May 2016, by a couple who claimed to be the real house owners and the flat was rented out illegally by their relative. After which I reach out to the people who had rented the flat to me but got no response, the neighbors & society members confirmed that flat belonged to the couple they also showed me 7/12 and their ID, so to avoid any police and legal complications. I vacated the house and a sent a notice via post informing that I have left the flat due to the circumstances & requested my deposit back, I also did stop payment on remaining 3 cheques. They have put 138 cases on me for the 3 rent cheques that were stopped payment by me as I had vacated the flat. Plz Help

Advocate Arvind Thongepatil answered
Firstly, you had not verified the ownership prior_to the leave & licence agreement, I assume. Stopping payment of the remaining 3 cheques is the correct move. Now, you have not received the deposit amount from the fictitious landlord. But on the other hand you got compelled to vacate ! This is a cheat on you, hence you should lodge a complaint at police station for the same.