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: Husband and in-laws doing physical torcher want to take legal action

How can a women get safe herself if her husband and his family torcher her mentally and physicaly....... If he pressurerise her to Live with her.... Bt women is not safe with her husband.. What action should be take by women parents.

Advocate Avinash Shekhar answered
First of all, you should go to the police and file an FIR for torture and assault etc., In case the police refuses to register the FIR, then you can file a complaint case before the Chief Judicial Magistrate in the Civil Court. However, if the woman has finally decided not to live with her husband, then the best way is come back to her "maike" and file for a divorce on the grounds of Cruelty. The Husband cannot compel the wife to live with her.

Q: What to do if there is false case against me

SOME OF THE PARTICULAR GROUP OF PEOPLE FILE A FALSE CASE AGAINST SOME OF PEOPLE INCLUDE ME IN THIS CASE WHAT DO I CAN I PREPARE FOR A GOVERNMENT JOB DOES ANY PROBLEM TO GETTING GOVERNMENT JOB PLS ADVICE ME ....

Advocate Avinash Shekhar answered
Your first priority should be to get anticipatory bail in this case, if the offence is non-bailable in nature. Thereafter, you can file an application under section 482 Cr.P.C. in the high court for quashing of the case. Being an accused in a criminal case may lead to problem in getting a government job.

Q: Legal procedure to obtain bail for case filed u/s 498a of IPC

How to take bail in 498a and come out from this case , whether I can quice this case or apply for the bail in civil court if rejected and then apply in high court if rejected the what Will do . Pl advice what is best practical and fesibal option .

Advocate Avinash Shekhar answered
You have to first apply for anticipatory bail before the District and Sessions Judge. If your bail application is rejected there, then you can apply for anticipatory bail before the high court. The High Court mostly grants anticipatory bail in 498 A cases. In the worst situation that you bail application is rejected by the High Court, then you can file an SLP before the Supreme Court or your can surrender in the lower court and seek regular bail. The best option is to first seek bail and then file for quashing of the case in the high court.