Advocate Avinash Shekhar

Questions Answered by Advocate Avinash Shekhar

Q: False case filed on me by people of my village

I belong to a village. But now I am studying in a city in different ..one of the villagers file a case on me in fighting ... but I am not directly or indirectly involved in this case ...but he gave my name in FIR under the following sec. 341. 323. 379.307,107 etc ....how can I handle this case ..what will I do to easily release from this case because i am a student and I can't give my more time in court ,police station etc...it will disturb my study

Advocate Avinash Shekhar answered
Since you have been named as an accused in the FIR, you need to first obtain anticipatory bail, else the police may arrest you. Then, you can file an application in high court for quashing FIR or cognizance.

Q: How to apply for bail under section 307 ipc

I want to know that it is possible to grant bail in 307 case by local than. If yes than how ?

Advocate Avinash Shekhar answered
Please note that an Offence under 307 ipc is non bailable in nature and Police cannot grant bail in such a case. You should apply for anticipatory bail before the district and sessions judge in order to obtain bail in the case.

Q: Person remarries concealing the fact of already being married

My husband has cheated on me. He kept me in dark and convinced me and my family for our marriage to happen. He was already married in 22nd Feb 2016 and didn't disclosed this fact with us. Our marriage was not a forced marriage. This match came through my maternal uncle and after that this guy was back of me like anything (July 2016 to march 2017). Finally we got married on 10 th March 2017 and within 6 months of our marriage I started knowing the fact. Please suggest me what should I do in this situation. Any sort of suggestion will be helpful. Thanks

Advocate Avinash Shekhar answered
This man that you are talking about, already had a wife on the date of your marriage, i.e. 10.03.2017 and therefore, your marriage with him is VOID as per the mandate of section 11 Hindu Marriage Act. Such a marriage can be declared to be a nullity in the eyes of law by the competent court. You should file a suit for annulment of your marriage.Furthermore, performing a second marriage while your first spouse is living is an offence under section 494 IPC and concealing the fact of first marriage and performing second marriage is an offence under section 495 IPC. Offence under section 495 is punishable with imprisonment upto 10 years and fine. So you can also file an FIR against him under these two sections.

Q: Bail got from High Court for dowry case be cancelled by district judge

I got bail from High court Patna in Dowry case, then can district judge cancel the bail if I do not go on any date Religion - Hindu

Advocate Avinash Shekhar answered
Yes, if you fail to comply with the conditions of bail imposed on you while granting bail, then your bail bonds can be cancelled by the lower court. If the order High court mentioned that you have to appear on each and every date then your bail can be cancelled.

Q: Girl kept in captivity & raped by teacher & forced to withdraw FIR

Sir, My minor cousin has been lured by her ex tution teacher, of same village, on 21 April 18 and kept captive at some unknown place. Villagers have tried to convince his family to return the minor girl to her family but they are not listening anyone instead they are threatening to face fatal consequences if reported this matter to police. An F.I.R. is made to local Thana on 2 may 18. After knowing that F.I.R. has been made now they are pressurising girl family to withdraw F.I.R. otherwise be ready to face the consequences. Girl's family is terrorised. There is tension in the village, anytime may happen anything. Sir a minor girl of poor family is kidnapped and being raped by her own teacher and going through such horrible time.It is also going to affect other girls of village,whose parents have stopped their daughter to go out for study. Sir I have written this with lot of expectations, please help the poor girl.

Advocate Avinash Shekhar answered
If the police fails to recover the minor girl, then the parents should file a criminal writ of habeas corpus in the high court for a direction to the police to recover the minor girl from the captivity of the teacher. Additionally, a second FIR can also be filed against the accused for criminal intimidation etc. You may also submit an application before the SP seeking police protection and then file another criminal writ seeking police protection.