Advocate Himanshu Singh Chauhan

Questions Answered by Advocate Himanshu Singh Chauhan (25+ answers)

Q: Stay on interim order and want relief for longer period because

How can I take stay on interim order on urgent basis

Advocate Himanshu Singh Chauhan answered
for taking stay on interim order you should come to High court in 482 to stay or quashing of the order in that matter. Go to high court as early as possible in your matter. High court has the power to stay the interim order

Q: Revision rejected by session court

Police filed FR and I filed protest against fr but court treated this a complaint case then I filed revision but session court rejected it . Case u/s 376,323 ipc .in lower court 323 and 325 statement recorded now argument is pending .what should I do ?

Advocate Himanshu Singh Chauhan answered
As it's is clear from the above that you filed protest petition against police fr in which court treated is as complaint case. So court decided in your favour if court order the investigation from other i.o it may also file f.r.

Q: High court after several listing application and pending in high court

I have filed an application u/s 482 crpc on 12.04.2024 in High court lucknow bench for challenging the dismissal of discharge application by CJM and Its revision by session court . the petition off 482 pending more than a year , only one hearing where court issued notices opp. party & no stay and opp. party filed vakalatnama . niether state nor opp. 2 filed counter affidavit till date..... what will be the next step as no counter affidviate filed after time passed?

Advocate Himanshu Singh Chauhan answered
Sir as long as your case will not take up no steps could be taken from your side. Try to list your case as early as possible if it is not listed and if listed hope to be taken up. The opp party and state if not counter affidavit can seek more time usluly court can grant one weak more time to them for filling counter.

Q: Name removed from Chargesheet in 498a

Police removed family members name from CS and filed CS against me in 498a . I got stay from HC under 482. My question is can my family members file cases against in laws whose name has been removed?

Advocate Himanshu Singh Chauhan answered
no they can't file cases against your inlaws for false fir. they can file a case in another matter if it happened not because their name has been removed from the chargesheet. thanks regards Himanshu Singh Chauhan

Q: Bank Me Ek Insan K Paise H, Vo Expire Ho Gye.

Bank Me Ek Insan K Paise H, Vo Expire Ho Gye, Unka Nominee Bhi Expired ho gye before 9 years, jo Bhai sahab expire huye h unki property naam h hamare. Kaise aa sakte h vo paise bank se without nominee. Kindly guide me

Advocate Himanshu Singh Chauhan answered
you need to get a succession certificate first and then submit it to the respective bank with noc from a relative like brother sister mother father and fill the form in bank with application to withdraw money.