Advocate Atanu Patra

Questions Answered by Advocate Atanu Patra (50+ answers)

Q: Nullification Of Forced Marriage...Rape Case

Post nullification of forced marriage can the wife file for rape case against her former husband ?

Advocate Atanu Patra answered
Yes, a criminal complaint for rape may be maintainable even after the marriage has been annulled, depending on the facts and circumstances of the case. However, annulment of a marriage does not automatically establish that rape has occurred.The crucial questions are whether the marriage was void or annulled by a competent court, whether the woman’s consent to sexual intercourse was obtained through force, coercion, fraud or a legally recognised misconception of fact, and whether the alleged acts satisfy the ingredients of the applicable criminal offence.Under Indian law, the applicability of Section 376 IPC or the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023, depends on the date of the alleged offence and the applicable statutory provisions. The marital-rape exception and its legal implications must also be examined in light of the precise facts and the status of the marriage at the relevant time.Therefore, the wife may approach the competent police authority or court if the facts disclose a cognizable offence. The annulment decree, marriage records, evidence of coercion or deception, and the circumstances surrounding the alleged sexual acts should be carefully examined before advising on the appropriate criminal proceedings. A mere allegation of forced marriage or a subsequent annulment, by itself, is not sufficient to establish rape.

Q: cc case magistrate court query regarding

In a criminal private complaint case pending before a Judicial Metropolitan Magistrate’s Court since 2020, the opposing side has sought adjournments on the ground that its counsel is engaged in another Court till now. In view of the prolonged pendency of the case and the need to prevent avoidable delay , memo under 309 crpc or petition under 309 crpc ,which is better for faster result and faster action. Detailed Legal opinions and suggestions

Advocate Atanu Patra answered
In the given circumstances, filing a formal application under Section 309 CrPC before the learned Judicial Magistrate may be more effective than merely submitting a memo. The application should clearly highlight the prolonged pendency of the private complaint since 2020 and the repeated adjournments sought by the opposite party on the ground of counsel’s engagement in another court.You may pray for expeditious disposal of the complaint, recording specific reasons for any further adjournment, and fixing a short date for the next effective hearing. The court may also be requested to consider whether the ground for adjournment is genuine and whether the matter can proceed in accordance with law. A counsel’s engagement in another court should not automatically result in an indefinite postponement.The application should be supported by the order sheets showing the history of adjournments. If necessary, you may also request the court to impose appropriate costs for avoidable delay, subject to its discretion and applicable law. A memo may be useful for bringing the issue to the court’s notice, but a reasoned application seeking specific relief is generally preferable.Important: Since the complaint has been pending since 2020, verify whether the proceedings are governed by the CrPC or the corresponding provisions of the BNSS, considering the date of commencement and applicable savings provisions. The precise remedy will depend on the procedural stage of the complaint and the orders already passed by the court.

Q: in a cc case 319 crpc detailed answer required interested only answer

Crl.M.P. of 2026 filed under Section 319 Cr.P.C. remains pending for respondent-side arguments/enquiry since may 2026 , which is repeatedly adjourned at the request of the respondent side, while the main C.C. case of 2021 has itself been pending since the year 2021, whether the proceedings can be permitted to remain indefinitely pending by repeated adjournments, or filing 309 crpc in next hearing for expeditious disposal and in accordance with Section 309 Cr.P.C, to what will judge do, opinions

Advocate Atanu Patra answered
In my considered view, repeated adjournments cannot be claimed as a matter of right, particularly when the main C.C. case is pending since 2021 and the Crl.M.P. under Section 319 Cr.P.C. has been pending since May 2026. The petitioner may seek expeditious disposal under Section 309 Cr.P.C. by bringing the repeated adjournments to the Court’s notice. The Court may refuse unnecessary adjournments, impose appropriate costs and fix a short date for hearing. However, reasonable opportunity of hearing must be preserved. If repeated adjournments continue despite sufficient opportunity, the Court can proceed in accordance with law and endeavour to dispose of the application expeditiously. A prayer for time-bound hearing would therefore be appropriate.

Q: False allegations False FIR filed

If an FIR is filed against me under 8 different sections and during filing of the Charge Sheet 4 of the most grievous sections are dropped by the Police. Am I eligible to file a False Case against the complainant.

Advocate Atanu Patra answered
Mere dropping of certain sections from the FIR at the stage of filing the charge-sheet does not, by itself, establish that the entire FIR was false or malicious. However, if it can be proved that the complainant knowingly made false allegations, fabricated facts/documents, or initiated criminal proceedings with a malicious intention and without any lawful basis, appropriate legal remedies may be available. Depending on the facts, one may consider proceedings for giving false information/false charge, defamation, or other applicable offences, apart from appropriate relief before the competent court. The mere fact that some sections were dropped is not sufficient; the investigation record and the circumstances in which the allegations were made are crucial.

Q: Is Survivor's Testimony Enough For Molestation Charge ?

In absence of witness or digital evidence is testimony of the survivor enough to convict a accused for Molestation (inappropriate touching) ?

Advocate Atanu Patra answered
Yes. Under Indian criminal law, the testimony of the survivor/victim can, in appropriate circumstances, be sufficient to sustain a conviction even in the absence of independent witnesses or digital evidence. However, the testimony must be found reliable, credible and trustworthy after careful judicial scrutiny. The Court is not required to insist upon corroboration as an absolute rule. At the same time, a mere allegation does not automatically establish guilt; the prosecution must prove the case beyond reasonable doubt and the Court will assess the consistency and credibility of the evidence in the facts of each case. For incidents occurring after 1 July 2024, the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, including Section 74 where applicable, have to be considered.