Advocate Aseem Sawhney

Questions Answered by Advocate Aseem Sawhney

Q: Procedure to preponement application in criminal cases

its a case under section 279, court give date 28th november we want an early date , it is possible to get an early date from court because my marriage is on 24th november and i want to sort out this as soon as possible, if there is any way possible to preponement of date of hearing ?

Advocate Aseem Sawhney answered
Though in Criminal proceedings there is no provision of preponement. Still in case you want you can try moving an application seeking preponement or date due to these reasons and the Court can show indulgence but if the Court is hyper techincal then the date might not be chnaged.

Q: who can cancel the FIR ,can police cancel FRI ?

Respected Sir/Madam, My question is who has the authority to cancel the FIR. can fir be cancelled by police ?

Advocate Aseem Sawhney answered
FIR can be canceled by the Police/Investigating officer at the first instance after finding during the investigations that there is lack of evidence or case is not proved, and then file a closure report. Besides the IO the FIR can be canceled commonly called quashed by the High Court or the Supreme Court under their constitutional or inherent powers of the CrPC.

Q: How to stop someone from parking in front of my house

Shopkeeper parks his car in front of my house in my locality. Asked him many times not to park here but he is not ready to listen. What do you advice. I want to get rid of it

Advocate Aseem Sawhney answered
Where do u live? That will decide the course of action. I have already filed a writ petition in the High Court of J&K at Jammu on this issue and Court had granted me an order. Same order we can get for you.

Q: Want to shift electric wires passing over the residency area

Sir, an electric wire is passing over my house. I want to reconstruct house on the same place of land. What legal process should I do...?

Advocate Aseem Sawhney answered
Hire a good lawyer and file a suit for mandatory injunction (if the PDD/ electric deptt) has not acquired the land or permission to take wires over your land and seek directions from Court or you can also file a writ petition in HC. Seek advise from a good lawyer after showing him all papers and photos of spot.

Q: Suicidal threat by maternal grandmother as mother an adopted child

My maternal grandmother had adopted my mother . Now she is living with us,, she does disrespect us whole day and do mental torture since she has no blood relation with us as she had adopted my mother .. now she is harrasing us by saying that she would sucide and would put blame on us .. what can i do legaly to get out of this thing.. as she is an old citizen and a women ... i really want something on that.. please help me...

Advocate Aseem Sawhney answered
I understand that she is adoptee grandmother of yours and old and irrupting. Legally speaking you might not like to report the matter to Police, but what you can do for your safety is record her such statements and if need be report the matter to the Police like a preliminary application only not FIR. Let her have a little fear of law and even if any untoward act is committed later on, the blame should not be you.