Advocate Ashok Kumar Singh

Questions Answered by Advocate Ashok Kumar Singh

Q: Brother in law of girlfriend threatening my father

I love a girl,, she loves me. She has no father and lives with her mom , elder sis and her jija. It is a reted house. Jija is agent sort of employed, meagerly paid. We fear that he wants to marry her off to his friend. My gf doesnt want to marry and wants to make a career first. I also have started my career just 1 month ago so am not in a position to marry. We both r 24 yrs old. What should she do? She loves me, her mom is ok with it but her jiju is creating problems for us. Today he called up my dad and threatened him that if he sees us together again, he will get us married then and there. He has some source in police. Please help sir. What should we do to stay on the safe side even if he takes such an action?

Advocate Ashok Kumar Singh answered
file a writ of Habeous Carpous in Hon'ble High Court for allowing you both to live together as you both are major and no law can stop you both from marrying and living together but it is important to marry you both whic Hon'ble court can permit

Q: Legal action to be taken when CBI has filed charge sheet under Sec 173

CBI has filed Chargesheet under sec 173 cr pc (Final Report) naming 3 (all) accused under sec 120 B r/w 302 201 203 IPC. Court is with Special Judicial Magistrate Lucknow for CBI cases. The accused have yet to appear in court after chargesheet is filed , may appear on next date in Aug 2018. As a complainent I however have serious concerns after revewing Chargesheet as 'main' culprit is not chargesheeted under any act nor discharged (Actually hes being 'missed' out). What are remedies for us please mark best one to follow in such circumstances - File Protest petition in same court -Await Trial to start in session court by that time accused may have got anticpatory bail or may have got in jail. - Can ask CBI IO to file for further investigation on suspect being 'missed' out despite credible evidences against him within chargesheet documents. Please advice as we need to act fast either file protest petition on next date under 173 Provisions or go to High court.

Advocate Ashok Kumar Singh answered
go to High Court and file a 482 Cr.P.C. petition under which you can challenge the chargesheet this is the best option where you can challenge the contents of Chargesheet and get the relief you want add the name as well as quashing of Charge sheet is also possible

Q: Legal formalities for settlement of criminal case

Hi, We were attacked by a party of 5, who now want to settle the case. How can this be done? What are the legal formalities required? This case pertains to Rampur, UP.

Advocate Ashok Kumar Singh answered
firstly you have also required to mention the sections if sections are compondable then you have to file application in the concernd court with the compromise deed but if sections are noncompoundable then you have to file a 482 Cr.p.c. writ in Hon'ble High Court