Advocate Ganesh Mishra

Questions Answered by Advocate Ganesh Mishra (25+ answers)

Q: Questions regarding Filing of chargesheet in court

I complained to ACP for non filing of chargesheet in court from past 1 year. In reply the SHO stated that "chargesheet is completed and were sent to court through ROAD CERTIFICATES on 10/11/2025. But the same couldn't be accepted by the court." And chargesheet is not re-submitted till today 1. What is the ROAD CERTIFICATE?2. What are the reasons for the court not accepting the charge sheet?3. Whom should I complain so that the police will re-submit the chargesheet as soon as possible.

Advocate Ganesh Mishra answered
your case, the issue relates to delay and improper filing of chargesheet under Code of Criminal Procedure, 1973.Road Certificate:Road Certificate ek internal police document hota hai jiske through case file/chargesheet ko police station se court tak physically bheja jata hai. Ye sirf dispatch proof hota hai, court filing ka conclusive proof nahi hota.Court ne chargesheet accept kyu nahi ki:Iske common reasons ho sakte hain:Incomplete documents ya annexures missingSanction required but not filedClerical defects / improper formattingIndexing ya pagination issuesInvestigation incomplete honaAise cases me court objections laga kar chargesheet wapas bhej deta hai for compliance.Aap kya remedy le sakte hain:Concerned Magistrate Court me application file karke status report mangwa sakte hainSenior police officers jaise DCP/SP ko written complaint de sakte hainAap Section 156(3) CrPC ke tahat direction bhi seek kar sakte hain for proper investigation and filingAgar delay excessive hai, to High Court me writ petition bhi file ki ja sakti hai for direction to police

Q: Married as a minor, wife cheated on me, and her father asking 15 lakhs

Hi, i was 18 at the time of marriage, rn i am 19, she is 26, i was arranged married, forced by her family, they even gave us 2 lakh rupees for marriage expenses, as we said we have bad financial condition to do it, so theygave 2l, after marriage, i found she is mentally ill, she used to threat of jumping from terrace before marriage, and ran away from home too, she tried to stab me once, and she cheated on me with an neighbour, her father is saying to give 15 lakhs if don't want to stay withher

Advocate Ganesh Mishra answered
Sir, based on the facts shared by you, you have strong legal remedies available under Indian matrimonial law.Firstly, if the marriage was performed under force or without your free consent, you may file a petition for annulment of marriage under Hindu Marriage Act, 1955 on the ground of coercion. Such a marriage can be declared voidable by the court.Secondly, concealment of serious mental illness prior to marriage is also a valid ground for annulment. Additionally, acts of violence such as attempt to stab and threats of suicide amount to mental cruelty, which can also be a ground for divorce.Regarding the allegation of adultery, although it is no longer a criminal offence, it still remains a valid ground for divorce.Further, any demand or offer of money (like ₹15 lakhs) for separation should be handled carefully through legal settlement only, preferably by way of mutual consent divorce with proper terms recorded before the court.It is advisable to immediately consult a local advocate and initiate appropriate legal proceedings, along with securing your safety and collecting evidence (messages, witnesses, medical records, etc.).

Q: Request for Legal Guidance on Annulment of Marriage Due to Lack

Meri shaadi family ne pressure me karwai thi aur meri marzi nahi thi. Ab mere gharwale mujhe annulment file karne se rok rahe hain aur meri wife ko bhi uske ghar nahi bhej rahe. Main annulment file karna chahta hoon (force marriage basis par). Kripya process aur next steps batayein.

Advocate Ganesh Mishra answered
Agar shaadi aapki marzi ke bina, pressure ya force ke under hui hai, to aap annulment (voidable marriage) ke liye court me petition file kar sakte hain. Law ke hisaab se, agar consent free nahi tha (force, coercion, undue influence), to marriage ko null and void declare karwaya ja sakta hai.Process & Steps:Aapko Family Court me annulment petition file karni hogi (generally under Hindu Marriage Act, Section 12 – agar aap Hindu hain).Petition me clearly mention karein ki aapki consent force/pressure se li gayi thi.Aapko supporting evidence dena hoga – jaise messages, witnesses, circumstances etc.Court notice issue karega wife ko, aur uske baad hearing hogi.Agar court satisfy hota hai ki consent valid nahi tha, to marriage annul ho sakti hai.

Q: isit good to put 340CrpC before frame of charges on IO complanaint 498

is it good to put 340CrpC application before frame of charges on IO and complainant , when for same allegation cross has been done DV case and that cross is on record ?will the judge will decide the 340 first before frame of charge ? IO did not move out of police station and made the chargesheet without any investigation and none of the incident is from Delhi state

Advocate Ganesh Mishra answered
Aapka query technical hai, lekin clear position ye hai:1. 340 CrPC application kab file karein?Section 340 CrPC ka purpose perjury/false evidence par action lena hai. Isse aap charge framing se pehle bhi file kar sakte hain, lekin court usually ise turant decide nahi karta.2. Kya judge pehle 340 decide karega?Generally nahi. Courts ka consistent view hai ki 340 CrPC application ko main trial ke baad ya evidence evaluate karne ke baad decide kiya jata hai, kyunki pehle ye dekhna zaroori hota hai ki alleged false statement ka actual impact kya hai. Isliye framing of charge rukti nahi hai sirf 340 pending hone se.3. Aapke facts me strategy:Agar same allegations DV case me cross-examination me contradict ho chuke hain, to aap us material ko charge arguments/discharge application me use karein.340 CrPC ko supporting pressure tool ki tarah file kar sakte hain, lekin us par immediate relief expect na karein.4. IO ne investigation nahi ki / jurisdiction issue:Aap discharge application (239/227 CrPC, case nature ke hisab se) me yeh ground le sakte hain ki proper investigation nahi hui.Agar territorial jurisdiction Delhi ka nahi banta, to yeh bhi strong ground hai charge oppose karne ka.Conclusion:340 CrPC file karna galat nahi hai, lekin practical benefit tab milega jab trial me falsity establish ho. Filhaal focus discharge/charge arguments par rakhein, aur DV case ki contradictions highlight karein.

Q: My friend send me child abuse video in WhatsApp

My friend send me child abuse video in WhatsApp I immediately deleted it and reported him on Cybercrime portal anonumous but did not upload proof I only uploaded normal "hi" message screenshot send by me to him on WhatsApp. Am I legally safe.

Advocate Ganesh Mishra answered
Aapne jo situation batayi hai, usme aapne sahi step liya hai—video ko turant delete karna aur cybercrime portal par report karna responsible conduct mana jata hai. Indian law (especially IT Act aur POCSO Act) me child sexual abuse material (CSAM) ko dekhna, rakhna, share karna ya forward karna serious offence hai.Aapke case me important baat ye hai ki:Aapne video forward/share nahi kiyaAapne use store ya circulate nahi kiyaAapne report kar diya, jo ki ek responsible action haiGenerally, sirf receive hona (without intent aur without further sharing) par liability nahi banayi jati, especially jab aapne immediately delete karke report kiya ho. Isliye prima facie aap legally safe position me hain.Haan, agar future me authorities contact karein, to aapko cooperate karna chahiye aur sach batana chahiye. Anonymous complaint me proof na dena koi issue nahi hai, lekin agar aapke paas future me koi evidence ho to provide kar sakte hain.Ek advice: us person se distance rakhein aur aise content ko kabhi bhi download/save na karein.