Advocate Dinesh Kumar

Questions Answered by Advocate Dinesh Kumar

Q: Summons is not issued but date is fixed cjm may send me to jail

Chargsheet filed against me under section 420'467'468, 504,of ipc now what should i do i have fear of arrest by the court CJM

Advocate Dinesh Kumar answered
Hello, I am Advocate Dinesh Kumar.I can provide you with some general information on what you can do if a chargesheet has been filed against you under Sections 420, 467, 468, and 504 of the Indian Penal Code (IPC).Firstly, it is crucial to consult with a lawyer who specializes in criminal law as they will be able to provide you with appropriate legal advice based on the specific details of your case. They will analyze the evidence against you and guide you accordingly.Section 420 of the IPC pertains to the offense of cheating and dishonestly inducing delivery of property, while Sections 467 and 468 deal with forgery for the purpose of cheating. Section 504 relates to intentional insult with intent to provoke breach of peace.Depending on the seriousness of the alleged offenses, they may either be treated as non-bailable or bailable offenses. If they are non-bailable offenses, it means that the police may arrest you without a warrant. In such cases, it is advisable to approach the court seeking anticipatory bail to avoid arrest.To pursue anticipatory bail, lawyer will have to file an anticipatory bail application before the relevant court having jurisdiction over the offenses mentioned in the chargesheet. In this case, it would be advisable to consult with criminal lawyer about approaching the Court of the Chief Judicial Magistrate (CJM) in your jurisdiction.Contact me for any further information.

Q: what should i do to save me and also her.

my female friend kicked out from her house by her father and brother after her mother death before two years ago her health and mental condition is degrading everyday. Me and her other friend supporting her from her financially and emotinally as well .she is suffering with suicidal thoughts and left only 35 kg and she wants to marry me and sometimes i deny her but she broke everytime i have no physical relation with her what if she will suicide.Can i go to jail without any reason

Advocate Dinesh Kumar answered
In India, the law regarding suicide comes under Section 309 of the Indian Penal Code (IPC). According to this section, attempting to commit suicide is a punishable offense, although it is currently being debated whether it should be decriminalized. The intention behind this law is to discourage individuals from taking their own lives and provide them with medical and psychological support instead.However, it is essential to note that you could potentially face legal consequences if your friend were to attempt suicide, and it is believed that your influence or actions contributed to it. While I cannot predict the specific outcome of your situation, it is crucial to prioritize the mental health and well-being of your friend.

Q: "Ancestral Abadi Lands: Government Role and Pros-Cons Analysis"

I own two significant abadi lands nearby: a century-old ancestral home where generations lived, and a bagicha with 15% abadi land, both ancestral for over a century. Can the government seize them? Also, what are pros and cons?

Advocate Dinesh Kumar answered
In India, the ownership and acquisition of immovable property, including abadi land, is governed by various laws. Without more specific information about the location and specific circumstances, it is not possible to provide a definitive answer. However, I can provide you with a general understanding of the subject.The government has the power to acquire private property for public purposes under the Land Acquisition Act, 2013. The Act allows the government to acquire land for specific purposes such as infrastructure development, industrialization, or urbanization. However, certain restrictions and procedures need to be followed before the government can exercise its power of acquisition.Regarding the abadi lands you mentioned, it is important to note that abadi land is generally protected from acquisition. According to the law, abadi land cannot be acquired directly by the government unless certain conditions are met. These conditions usually involve a process of public consultation and obtaining the consent of the landowners.Pros and cons of the government acquiring property can vary depending on the specific circumstances. Some potential pros may include compensation, infrastructure development, and overall public benefit. On the other hand, cons may include displacement, loss of ancestral property, and potential legal challenges.

Q: Quashing of FIR in case of section 376(2)(n), 377 filed by girlfriend

In a case of 376(2)(n) and 377 filed by his girlfriend with 5 years of relationship when marriage couldn't took place. Can the main accused in this case be relieved permanently by quashing? If yes then is there any court orders regarding this? Please do contact me who are genuine advocates and who are not only here for making money. Because someone's life is more important than just money.

Advocate Dinesh Kumar answered
In India, cases related to sexual offences, such as Section 376(2)(n) and Section 377 of the Indian Penal Code (IPC), are taken very seriously by the courts. Quashing of a criminal case is a discretionary power granted to the courts under Section 482 of the Code of Criminal Procedure (CrPC), 1973. However, the courts exercise this power sparingly and only in exceptional circumstances.To permanently relieve the main accused in a case filed under Section 376(2)(n) and Section 377, the accused would need to approach the appropriate High Court with a petition for quashing. The court will then examine the facts and circumstances of the case to determine if the charges are without any legal basis or if the continuance of the trial would amount to an abuse of the process of law.While there have been instances where the courts have quashed criminal cases in exceptional circumstances, it is important to note that such cases are rare. The primary consideration of the courts is to ensure justice for the victim and uphold the principles of the law. The final decision on quashing depends on the facts and merits of each case, and it is up to the judiciary to decide whether to grant such relief or not.Regarding the court orders or judgments specifically related to quashing of cases filed under Section 376(2)(n) and Section 377, it would be advisable to consult a lawyer or conduct thorough research on the judicial precedents and case laws related to these specific sections. As the interpretation of the law can vary based on different judicial judgments and the facts of each case, it is crucial to seek professional legal advice from an experienced advocate who can guide you appropriately.