Advocate Hemant Taylor

Questions Answered by Advocate Hemant Taylor

Q: What to do if police is not taking action after FRI ?

Sir I have put FIR with the help of court in(156(3)) but police have not do investigation as per or have not arrested people and submit the report in court after 6 month. what to do if police is not taking action ?, Any other option open for me

Advocate Hemant Taylor answered
You can approach the magistrate under section 156(3) for supervising and fair investigation or you can move under section 210 to the concerned magistrate for calling the progress report from the investigation officer. If nothing happens in that also, you can file misc petition before the high court under section 482 for fair and judicious investigatoon

Q: What is the procedure to compromise after an FIR is filed, and how to compromise a criminal case?

I have lodged an FIR against a person under IPC 353, and now he is requesting to compromise. Is it possible to compromise after the FIR has been filed, especially since the challan has been submitted in court and the trial is ongoing? How to compromise a criminal case in this situation?

Advocate Hemant Taylor answered
Yes it can be possible. U can approach high court under section 482 cr.p.c for quashing of the fir and all proceeding enamating from the fir to be quahed in light of the judgment of apex court in case of gian singh v state of punjab and another reported in 2012(4)(criminal)page543.

Q: After resigning from a government post, am I allowed to rejoin?

After resigning from a government post, am I allowed to rejoin?

Advocate Hemant Taylor answered
you can only join if your application for vrs ahs not been acted upon by the authority. If it has already been acted upon then you have nothing left in your hand. you have to be very caution while making such application. you better write a fresh application for withdrawal of that application if you have made it within the last couple of days and if the application has not been considered.

Q: How to withdraw case from high court ?

i filed a case in DB(jaipur high court) i want withdraw my case without any help of Advocate. how to withdraw a case from high court ? pelase tell me the process and time.

Advocate Hemant Taylor answered
First of all writ a letter to the advocate concerned showing your desire to get the case withdrawn form the court. If he fails to withdraw the same you may file application in court for withdrawal of the same. However, on the date when the matter lists, you have to appear in person before the court for seeking such request. Please note that while appearing in court keep that letter, just in case courts wants to see it u may show it.

Q: What to do if police is not taking action after fir ?

Hi, Few months back a person came to our house and started abusing my parents and attacked them but they narrowly escaped. However he damaged the house entrance gate with a sharp weapon. Then he went on to encroach our ancestral property and damaged it again.we have lodged a complain but to no vain as his relatives are in police and suppressing any investigation and they with loose indian laws nothing will happen. Please help what option we have to teach this person a lesson. He has past record also against him. what to do if police not taking action on fir ?

Advocate Hemant Taylor answered
First of all u should check whether fir was registered or not. If fir is registerd than u must be having copy of the same and if not than u have to file a criminal complaint to the concerned magistrate undrr section 190 of crpc. Once fir is registered u will get a copy of it free of cost. For checking the progress of investigation u should file application under sec 210 crpc before the concerned magistrate for calling the progress report from investigation officer. U may approach high under sec482 crpc or by of filing criminal writ petition for fair , impartial and unbiased investigation. U can also pray for changing of investigation officer.