Advocate Durga Prasad

Questions Answered by Advocate Durga Prasad

Q: ipc section 506 r/w 34 ipc and section 3(1)(r)(s).3(2)(va) of SC&ST PO

IPC section 506 r/w 34 IPC & section 3(1)(r)(s).3(2)(va) of SC&ST (POA) amendment Act-2015how to define and challenge

Advocate Durga Prasad answered
it's depends on the case facts and incriminating Material available against you. the witnesses cited in charge sheet etc. without studying the case papers no Advocate can suggest...if you also belong to SC or ST community them go for quash before the concern High court by submitting your caste certificate.

Q: Hi I got married to a girl in Apr 2018, later i found she already marr

Hi I got married to a girl in Apr 2018, later i found she already married a guy in Jun 2009 and in contact with him up to Mar 2018 also.Her family (Mom/ Brother/ Sister) hides this information from us. and proceed with the marriage. we are hindus.Can i file a Criminal case against her and family ?or do i need to file civil case first ?

Advocate Durga Prasad answered
you first collect the data viz...documentary evidence.....such as marriage photos, letter from function hall and address of the earlier husband etc of the earlier marriage. enquire wether any divorce was obtained. if No... you relationship bof wife and husband does not exist and if divorced is obtained check the date of orde, if it prior to date of marriage or after your marriage.. if they obtained after your marriage then collect the divorce order copy and file a criminal case for cheating and criminal breach of trust against your wife and her parents.

Q: Does drunken drive cause issue in getting private or public job?

if an individual is booked for drunken drive , so is he eligible for applying any private or public sector jobs?As in every form or offer letter it is asked that have you ever been involved in civil or criminal offence. Then what needs to fill their. Please advice !!

Advocate Durga Prasad answered
punishment for drunken drive is governed under section 185 of Motor vehicles act. and not under Indian penal code. it is a petty offence-- if for the first time punishment may be less than 6 months or fine upto Rs 2000/_ or both. if you admit and fine is imposed and if you paid the same ... nothing serious and you can just leave it. it is not a hurdle for your Job

Q: How to cancel the Anticipatory bail of accused

FIR is filed for my complaint with non bailable sections (7yrs punishment) 3 days back. If the accused apply for anticipatory bail ,how to cancel it ? How to know if the accused applied for anticipatory bail or not ? Can i file defamation suit by taking this FIR copy ?

Advocate Durga Prasad answered
it is impossible to get anticipatory bail within 3 days, it may take 6-15 days. you enquire with the police wether any anticipatory bail notice was served or the police had given station bail. if anticipatory was filed and is pending contact the Public prosecutor of the concern court and manage not to sanction bail.2. To file a defamation suit it depends upon the case facts and also the way in which your reputation was damaged

Q: I want divorce from my wife but she not ready.

I have completed of 2 years marriage life. In this 2 years she torturing me mentally. Not accepting my parents & she is playing double games. She is not accepting for kids. So she maintaining distance most of the times. More over she don't like this marriage. She informed to her parents before marriage even her relatives n parents forcefully marriage her. For every small things she was commiting a suicide. So I don't want to my life with her. I want peaceful life. I have lot of responsibilities she is not supporting for that responsibilities.

Advocate Durga Prasad answered
dear brother all the Laws are in favour of women, you have right to file a petition seeking divorce, but for that both have to live part for atleast one year. if she is also interested in obtaining divorce then both of you mutually file a petition seeking divorce.. if she is not interest in divorce and if you file for the same, you may not suceed and moreover she may file complaint under dowry harrasment, petition seeking monthly maintenance and may also file DVC.. if you are not interested in involving such litigation..... try to change her... or change yourselves