Advocate Ashutosh Pathak

Questions Answered by Advocate Ashutosh Pathak

Q: Can caveat be filed in criminal cases ?

can we file caveat in criminal cases in allahabad high court and if yes then till what time it will be applicable(duration).

Advocate Ashutosh Pathak answered
You can file a caveat against a criminal writ only before allahabad high court and the limitations of the caveat application will be applicable only 90 days from the filing of caveat application.Besides the criminal writ, you are not able to file a caveat against other criminal matters like bail, appeal etc.

Q: My youngest brother met with road side accident. The driver fled from accident in same vehicle witho

My youngest brother met with road side accident. The driver fled from accident in same vehicle without even staring him. The police cops were just 50 metre away from accident site and chase the vehicle, which they never cought. Locals took him nearby hospital. That hospital wasted crucial 1.5 hours and didn't provide any live savings treatment and transferred him to district hospital. He died in Government hospital almost 2.5 hour of ill-fated accident. There are many obvious lapse like-cops unable to catch the driver, multi speciality hospital didn't initiated any treatment, police cremated without establishing his identity. He is survived by his wife, 7 year old son and 1 month old daughter. Please advice we proceed further for a fair justice.

Advocate Ashutosh Pathak answered
As per your information, it is found that your brother 's bod was cremated by police without taking any steps about knowing his identity. In my opinion, you may approach to High Court. Secondly, if you know about the disputed vehicle number which involved the said accident, you may file a claim petition before concern claims tribunal.

Q: FIR 420/506/406/504 against Me and my parents for a property

We applied for quashing/stay in High Court but got generic order like 41 (a) and not to be arrested as the punishment will be below 7 years. This property is under my mother name and she sold a part of it (100 out of 487 yard) to complainant, but later on Noida authority took it. Now we received 40% of our total property (i.e. 487 and not 387 as this person did not got his property mutated), we decided to pay for his 40% but asked for time, but instead he lodged an FIR via 156(3) that we cheated with him and threatened him for his life.My question is can police arrest us after filing chargesheet, if yes, can we get immediate bail. If only prime accused i.e. my mother is arrested, can we as co-accused sign for her bail. Also, can we again apply in High Court, do we stand any chance to get save in this.

Advocate Ashutosh Pathak answered
You can file a criminal writ before high court allahabad against the charge sheet filed by police in concern magistrate court for taking the direction of same day bail disposal and High Court may grant you some day of protection. So, please approach to high court allahabad.

Q: Payment of penalty for my work failure to a form filling company after

I signed an agreement with DG services for form filling work that if my work comes into failed category then I will have to pay penalty of 5400. I paid that amount on time. They gave me NOC letter that stated that I have paid all my outstanding. Then again after 4 months they messaged me a text message that I will have to pay 7520 for some reasons. Otherwise they will file a criminal suite on me. I paid that amount also. I need to know that is this right or they may be fraudulent also.

Advocate Ashutosh Pathak answered
Once you have got the NOC from other side, you should have not paid the rest amount of Rs 7520. They have cheated you and you have a legal right to recover those money from them. Firstly you may send a legal notice to them for recovery of above amount with interest within one week, thereafter you may take criminal and civil actions against them.

Q: Section 354 A now on bail how to appeal high court

Sir my father was arrested for SeC 354 A fake case but we don't hv evidence now he is on bail.. but case is going to be finalized n for punishment... if punished then how to get bail or Re appeal in higher court..... que is how to appeal in high court n can He get bail still

Advocate Ashutosh Pathak answered
If punishment will be held upto below 3 years, you may file a bail application for grant of temporary bail and thereafter you have to file the appeal along with permanent bail application before high court immediately.