Advocate Harbansh Kumar Chaturvedi

Questions Answered by Advocate Harbansh Kumar Chaturvedi

Q: What should be a good course of action for 376 case

In this case the accused has got bail and the judge in the bail order has written that even after submitting the charge sheet the offense is not made out. In this case the prosecutrix says that even without meeting at the first place the guy promise to marry on phone and in 164 says promise didn’t happen and they discussed marriage but no promise and in FIr she says promise happened way after the first sex in this case what is your idea experts

Advocate Harbansh Kumar Chaturvedi answered
File discharge application. If offence is not made out prima facie then you will be discharged. If have better case then apply for quashing. Or face trial and wait for final acquittal. For better consultation contact us.

Q: Ex-gf of Muslim man who promised me marriage from 5/18-3/23. He told me he's a widower, relationship

Ex-gf of Muslim man who promised me marriage from 5/18-3/23. He told me he\'s a widower, relationship continued till 3/23 wn a lady picked up my call & said she is his wife who never died. I got my FIR done in 4/23 u/s 376. He got arrested in 5/23, wn I discover the 1st wife is dead & the woman I talked to is his 2nd wife. In 6/23, this 2nd wife called me & told me they got married in 11/22. He hid his 2nd marriage from me. Does his being a Muslim impact my case? Can he marry & hide it?

Advocate Harbansh Kumar Chaturvedi answered
section 376 IPC is independent section and will be continued in the present circumstances. For further legal consultation you may contact a lawyer. He cheated and raped which is criminal offence and can not be diluted in any case.

Q: पुलिस द्वारा झूठा केस बनाना ओर जेल भेजना।( sc से fir क्वेश कैसे हो)

sir up मे मेरे खिलाफ झूठा केस बना मेरे खिलाफ 28 अप्रेल को 419,420 का मुक़ददमा लिखा ओर दिखाया गया की मुझे पकड़ कर जेल भेज दिया। जबकि मुझे पता भी नहीं।अगले दिन 29 को मुक़ददमा लिखा गया शांति भंग का 29 को ओर मुझे बुलाया मे गया ओर मजिस्ट्रेट के सामने मुचलका भरे ओर आ गया। महोदय 30 को पेपर मे निकाला मेरे फोटो के साथ की मुझे पुलिस के फर्जी कार्ड के साथ. 28 अप्रेल को जेल भेजा जिसे देख मे पूछने थाने गया सर ये क्या है। तो बन्हा उन्होंने बैठा लिया ओर 30 को जेल भेज दिया ।UP HC से fir क्वेश नही हो पाई है

Advocate Harbansh Kumar Chaturvedi answered
File SLP in Hon'ble Supreme Court of India against the High Court order if matter is covered under the judgement of State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990 Equivalent citations: 1992 AIR 604, 1990 SCR Supl. (3) 259. For further discussion consultation is to be required.

Q: POCSO case culprit have inherent right want to stay with victim

Victim grandfather raped and after getting bail he want to stay with victim and parents in the same house as he have inherent right in that house. Is it possible. How I can block him and save my daughter

Advocate Harbansh Kumar Chaturvedi answered
File an application in the Hon'ble Court to put a condition in bail order not to live with victim. Hon'ble Court will pass prohibition order against accused person. Please contact us for free consultation if you want more advice. Also give 5***** if satisfied with our advice.

Q: prosecutrix changes details in FIR and 164

Is it possible for a 40 year old central govt director lady, provide different statements in the FIR and the Section 164 ? In the FIR, she alleges a false promise to marry occurred in July 2021, while in the Section 164 statement, she claims that the accused expressed a desire to marry in November 2020, without mentioning a promise to marry. Additionally, the FIR states a rape incident in December 2021, whereas the Section 164 statement does not mention any rape.

Advocate Harbansh Kumar Chaturvedi answered
It is a case of Trial but you may file quashing petition if you have grounds to challenge as per Bhajan Lal case of Hon'ble Supreme Court of India. You may contact us for better advice on the legal issues.