Advocate CM Sharma

Questions Answered by Advocate CM Sharma (25+ answers)

Q: regarding term & period of bail application

How many days a criminal has to stay in jail after bail application? How much money required for bail application ?contact details of the legal lawyer?

Advocate CM Sharma answered
To obtain bail from the court, steps are very clear, bail application would be filed in non bailable offences, court would hear it, IO will file reply to bail application, PP would argue against criminal on the lines of law and status report of IO, thereafter court would pass an final order, giving bail or dismiss bail application. Now all this while, criminal has to remain in jail. Adv CM Sharma at your service.Thanks

Q: Will police file FIR if I file complaint using email

My mobile network down. I cannot file online police complaint because no OTP possible. If I am unable to visit police station because I am on vacation and I need to timely submit police complaint, can I send complaint via email?

Advocate CM Sharma answered
Sir, May be due to some technical glitches or difficulty, you are unable to make online police complaint but law on this point is very clear as you are just giving first information of the offence, you can also do so through your friends or relatives by giving them clear authority. Once police perceive that offence has been really occurred and serious then police will not be adamant in receiving complaint from you through your friends or relatives. You can also give complaint by your digital signatures. You can also give complaint through accredited email of police.Thanks

Q: Should I file Partition or Writ Petition to compel police to issue PCC

We have property dispute that turned into false private Complaints of threat/assault. There is no Summons/Warrant issued. Police not permitted to interfere in Civil or Sub Judice matters. Police are under pressure from local MLA to keep my Police Clearance pending. I want to return to city to live, preferably on my property. I want to combat illegal influence of MLA. Should I approach Metropolitan judge or should I directly file Writ Petition in High Court to compel police to complete PCC.

Advocate CM Sharma answered
There are so many judgments of supreme court on the issue that criminal cases ought not to be permitted to square the civil dispute. you have a right to live with peace and dignity and it is the duty of state to provide protection and assistance to citizens. You may approach high court for redressal of your grievances.Thanks

Q: Will verification cause only -ve report at worst or lead to life prblm

About 3 years ago, during a college relationship, an incident happened that still worries me. I was never contacted, summoned, or informed by police or court, and I don’t even know if any FIR was ever filed. I’m preparing for government exams but fear that an unknown or inactive FIR might exist. Should I continue my preparation confidently, or can such a case, if it exists, cause life problems beyond administrative issues?

Advocate CM Sharma answered
what is the incident, what is its gravity and how you are related with incident, directly or indirectly matters. But from the facts disclosed by you, one thing is certain that there was a police action and involvement in the matter. And your worry is genuine. Contact a decent lawyer to help you out of this situation. And be free from past. Thanks

Q: Who's responsibility to summon & prosecute after police investigation

After I file private compliant in Metropolitan court, I got judge order for police investigation. If police find valid offense and charges, is it police obligation to summon & prosecute accused or is it still my responsibility to prosecute?

Advocate CM Sharma answered
Dear Sir, it seems that in your private complaint, you must have raised valid and tangible prima facie material which must have shook the conscience of the court and police investigation has ordered. Now, it is ultimately for police to investigate and give thair final dossier in court. Nothing much is left at your options. Wait and watch the police action with alacrity. Be very wary.Thanks