Advocate Biswajit Dey

Questions Answered by Advocate Biswajit Dey

Q: Remedy in case family got released in 498A easily

I am a Hindu girl. Was immensely tortured physically and mentally by hisband and inlaws. Lodged complain. 498A impounded. But all got bail. I m staying with my parents they forced me to leave the house. I am working. So everyway my husband and inlaws got free from this case. They are happily living now as I moved out and me my parents all in despair after the kind of torture they did with me and the kind of shame this narriage has brought to us. What way can law help me to punish this family I ant to know. A workig wife so a husband will wash off his hands from all duties. This is what law says? They got bail also. So now all happy. My SIL interfered too much to ruin my married life. She is married but still has evry hold of my husband. She never let me live peacefully.

Advocate Biswajit Dey answered
Physical and mental torture leads to domestic violence under such grounds you can always institute a case under the domestic violence act along with your ipc 498A.This shall allow you to be entitled to damages,maintainence and other rights entitled to under the D.V. Act.It is far more efficient and effective.

Q: Is applying for Anticipatory bail mandatory ?

Hello Sir , My name is and I want to know that anticipatory bail is mandatory ? Because my mother had lodged FIR against the accused persons and after investigation process is completed and already the police filed charge sheet in the court against the accused persons but I am sure that the accused persons did not prayed for anticipatory bail and now charge sheet has been filed by the police so I want to know in this situation the anticipatory bail is mandatory or not ? and when the trial process will be start on that time the accused persons will have any fault in this regard so Please answer this question if possible . Thank You & Regards

Advocate Biswajit Dey answered
Anticipatory bail is a matter of vhoice the accused persons have a an option to apply for it but it is not mandatory. During trial this will not a be a question of dire importance. The accused will not be at fault if they have not applied for anticipatory bail.

Q: Boyfriend blackmailing with photos and videos what to do

I am a girl of 19 yrs. I am in a big trouble. Right now I am feeling very help less as my ex boyfriend is continuously blackmailing me on the basis of my private photos and videos which he made in my unconsciousness. He has made a fake account on social media using my name. He is also forcing me to get intimate with him. Please help me. What should I do?

Advocate Biswajit Dey answered
In such instances you can yourself walk into a police station and an F.I.R. will soon be drawn under section 354 C that entails the crime of Voyeursim, criminal intimidation under section 503 and 509 an intent to insult the modesty of a woman along with sections of extortion under section 384. Accompany your statements with evidence of his messages sent to you and the police shall take immediate action by drawing up an F.I.R. and sending a 41 A notice calling him to the police station any subsequent acts after such F.I.R. will just land him in more trouble.I can rest assure you that the police force is prompt in such matters and compel him to part with those photos and videos before they are released. let not fear engulf you in succumbing to his threats.

Q: Police asking for witness after filing of F.I.R

My father went to ATM on 31st March for withdrawing money. Because the ATM wasn't working a person offered his help and he took my father ATM and swiped it inside the ATM. After swiping my father's debit card inside the machine he handed over the debit card to my father. But my father wasnt able to notice that it was a different expired ATM. My father hid his debit card pin while entering but he somehow figured out the password.After only reaching home did my father noticed that there was message of withdrawal of Rs.35000 in his phone. And just then my father called up the Customer care of Bank to block the debit card. Also the theif transferred more Rs.35000 into his account whose message didn't arrive in my fathers phone. Now after filing F.I.R with section 419 against the culprit no investigation has been initiated by the police and police have asked for Aadhar ID of two people as witness. I wanted to know if police can demand witness to this incident at such early stage.

Advocate Biswajit Dey answered
In such circumstances police has already started investigation and as such they are asking for your cooperation. You can give your adhaar and a relatives adhaar number who can act as an witness to having seen those messages in relation to the said deductions being made. Also refer to the CCTV footage of the ATM and request the investigation Agency to look into it.

Q: Police calls me instead of serving notice against wife's complaint

If local ps telephones me several times instead off serving notice to meet against my wife's complain what to do???

Advocate Biswajit Dey answered
Next time you get such call co operate with the police do not get agitated. Ask them for a time and place to meet in the Police Station premises. The police may be calling you to settle matters as such they cannot arrest you without issuing a notice under Section 41 A CrPc. not complying to such on the part of the police officer would tantamount to illegal detention.So you need not worry and do meet the officer so calling as it may be a positive sign as no case may be registered against you owing which they haven't send a notice yet.