Advocate Dhruv Mishra

Questions Answered by Advocate Dhruv Mishra (25+ answers)

Q: Prosecutrix says rape in FIR but not in 164 false promise to. marry

Hello, Advocates. In one case, the girl claims that she was raped in May and June by a man who promised her marriage; however, 161 claims that no rape occurred in May and June, but that she had a consensual relationship with the man in February and March on promise of marriage. Rape is not mentioned in 164 and not even sex . In FIR, the promise to marry was made in April 2022, whereas in 161, the promise to marry was made over the phone without meeting the guy in october 2021. The police write in the chargesheet that the rape occurred in May and June without any evidence - neither medical nor 161. What exactly is this. This lady is 37 year old Scientist

Advocate Dhruv Mishra answered
you may challenge the proceeding before the High Court and if the Court finds it an appropriate case it may quash the entire proceedings therefore my suggestion would be for you to move a petition before the High Court and get it quashed.

Q: Can Be Filled Criminal Case It Already Been Filled In Consumer Forum

I have done police complaint for a fraud case so that Supritendent of police has ordered for investigation to Deputy Supritendent of police. Now They have stopped investigation due to pendency of case in consumer forum. While at here i have complaint for criminal issues as 420 and at consumer forum i have filled case for compensate my financial loss. Can I represent any logical argument to police superintendent for filling criminal case.

Advocate Dhruv Mishra answered
it is to be said that pending cases in consumer court is not a bar to investigate into a criminal matter both cases may proceed simultaneously and therefore saying that criminal investigation cannot be going on due to pendency of consumer court case is illogical itself

Q: Need to recover money transferred onnline

For promised government job money was demanded and was transferred online to bank account. Person could not provide the job and switched off his phone. Need to send notice, file FIR to recover money transferred online his bank account

Advocate Dhruv Mishra answered
you need to file FIR against the person then you can file a petition before the High Court and you may get a direction for fair investigation in the matter as police work effectively under the order of high court otherwise they are really slow

Q: Hi, Actually I have some legal query, actually fews days ago my friend met with an incident, he went

Hi, Actually I have some legal query, actually fews days ago my friend met with an incident, he went to some store like place where he try the perfume in that place and somehow he uses more than little on his tshirt and somehow his mood changes and he kept the perfume which he used, in other part of store, like home essentials section and went off towards the gate as he do not want to buy it, after keeping the perfume of around 180 Rs properly in that section and as he move towards the gate one of the man of the Store comes and asked him that why I you have used the perfume when you have not billed and don't want to buy and talked with him rudely, like they were speaking very badly to him and giving him threat if we found such thing again I will beat you badly. My friend was of very good family as he is so ashame of himself how he can do such mistake and in what mood he was at that time that for such cheap thing of Rs 180. My Ques-is that is any harm can be caused tomy friend for this.

Advocate Dhruv Mishra answered
first of all you must keep in mind that trying something before buying it is not a crime since your friend was looking for a perfume he would be able to know if he wants to buy or not only after testing it and therefore your friend needs not to worry about anything.

Q: Based on biasedCMO'S report,police Stn not instituting FIR.

Based on biasedCMO'S report,police Stn not instituting FIR.

Advocate Dhruv Mishra answered
if the police are not registering your complaint you may file it before the superintendent of the police and if still you have failed to get it registered you may approach before the court seeking direction to the police with regard to filing of the FIR under section 156(3) crpc