Advocate Debasis Mitra

Questions Answered by Advocate Debasis Mitra (50+ answers)

Q: Can fir be quashed after filing of chargesheet ?

Sir , I would like to know one thing , can I go to the High Court for quashing the case which is running with the only sec - 448 IPC against me . In the year 2018, a person had lodged an F.I.R against me u/s-384/120(B)/379/448 IPC & later , the police station gave me a notice u/s-41(A) Cr.Pc & thereafter , I had complied the said notice & I got anticipatory bail from the High Court . I knew that the said case is completely false .The said investigation has now been completed , the charge sheet has already been framed against me by only SEC 448 IPC which is absolutely bailable & rest of the sections have been withdrawn by the investigating officer .Till now, the trial has not been started so in such circumstances , can I go to the High Court for quashing this case ,can fir be quashed after chargesheet?, is it possible at this time? Please sir give me advice in this regard , what should I do ??

Advocate Debasis Mitra answered
Definitely u can approach to the high court under section482 of crpc for quashing of the chargesheet along with FIR.the court has power to quash the matter on basis of sufficient evidence.offence may be bailable or non bailable but quashing depand only sufficient evidence.

Q: How can I obtain a No Objection Certificate for the registry of marriage in India? What is the proce

I am Arindam Mallick, an Indian (Hindu) from West Bengal currently working as a Production Manager in Bangladesh for an MNC in garment manufacturing. I married a Bangladeshi Hindu girl 1.5 years ago and we recently had a baby boy. However, we have not yet completed the marriage registry due to difficulties in obtaining a No Objection Certificate (NOC). I need guidance on how to obtain an NOC for marriage in India and the process for getting a marriage certificate.

Advocate Debasis Mitra answered
If one of the parties is a citizen of another country , the registrar may request a “no objection letter”from the Embassy or Consulate of that country, and also may request proof of termination of any previous marriages,before a marriage certificate will be issued.

Q: Can registered partition deed be challenged after 22 years ?

Whether any signatories person raised any objection regarding any partition deed which is registered before 22 years. Actually a registered partition deed was made in the year 1995 by amicable settlement and in that partition deed every share holder get the share. And after 22 years one of the share holder can file any case regarding cancelltion of the partition deed and create new partition deed by commission. can partition deed be challenged ?

Advocate Debasis Mitra answered
If there is any mistake which has been discovered naw and which is required to be rectified ,otherwise certain legal difficulties will be created,in that cases the same may be challenged bt the essential point is limitation.

Q: Can 498a case continue after divorce ?

We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A ipc case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.

Advocate Debasis Mitra answered
file an application under section 482 of CRPC before The Honorable High Court at Calcutta for quashing The Criminal Case under section 498 a after code of criminal procedure . you will annex the document where it has been mentioned that your wife will withdraw the case after getting divorce .

Q: What should I do if the police do not follow the court's order? Can it be considered contempt of co

Sir, A lady obtained a final police protection order and residence order from the court of the Judicial Magistrate under the P.W.D.V. Act. The case was disposed of in 2018, directing her brother not to disturb, commit any acts of domestic violence against her, insult her, evict her from her father's house where she resides, or disconnect the electricity to her room. The court also directed the O/C of the local P.S. to provide necessary protection and assistance to the victim lady if needed. Despite this, her brother continuously tortures her mentally and physically, and she has lodged several complaints with the local P.S. seeking protection based on the court order. Unfortunately, the O.C. is not providing any protection. The court order is being violated by the police and the O.P. In this situation, can she go to the High Court based on this order? Is it possible according to the law if a court order is not followed in India, and can it be considered contempt of court?

Advocate Debasis Mitra answered
Yes you file a writ under Article 226 of the Constitution of India for police inaction.you can also file a case for contempt of court against the officer in charge whome direction was given by the judicial magistrate for violation of the solemn order.