Advocate Iqbal Ahamed Pasha

Questions Answered by Advocate Iqbal Ahamed Pasha

Q: how to get seized property released from ACB officials

It is to inform a criminal case was registered under section 13(2) R/w 13(e) of the Prevention of corruption Act, 1988 against my husband on 08.11.2016 and he was arrested and released on bail on 25.11.2016 as he is accused on disproportionate of assets to his known source of income and he (A.O) died 12.12.2016 on car accident. At the time of ACB ride on 08.11.2016, the ACB officials are seized all movables, immovable and gold and cash and other valuable materials including FDS and Bank accounts for the tune of the valve around Rs.3 crores . In this connection it is requested to give legal position that the criminal case and how to get the seized assests released to legal heirs including the Apex court citations in this nature.

Advocate Iqbal Ahamed Pasha answered
whenever the A.O died the case against him shall abet at any stage . asper your question he was died during the course of investigation , at this stage the I.O shall filed a final report . you should filed a petition u/s 451crpc to get all your seized proparty. Kesher singh vs The state of Bhihar. the courts has power to return the proparty when the i.o filed rever chaln as the case is abetted the A.O as he died during the period of investigation.

Q: Attending to court after receiving summons is mandatory

Dear sir (s),Me and my wife received court summons by police to attend a FIR case regarding my sister-in-law suicide case registered against her husband 2 years ago. But now practically we don't want to stand against him, as he contains two younger kids. What will happen if we don't attend to the court at the time of hearing., if it is mandatory how to face the lawyer questions in such a way that he will not be punished or jailed. Please advise.

Advocate Iqbal Ahamed Pasha answered
after receiving summons you should attend before the court it's up to you to give evidence against your brothinlaw ,it is mandet to attend before the court or else the court shell issue nbw . with out pursuing the record it is not possible to give proper advice

Q: FIR filed, police sent report to court, no further steps taken

Police department filed an F.I.R for charges under sections 323,324,354,447,506 IPC. Many weeks lateri tried contacting the police station and also commisioner of police. They asked me to come and take a report which they sent to the court. I have not recieved any communication from court since then. Kindly advise me for my further action.

Advocate Iqbal Ahamed Pasha answered
your question is not clear if you are the de facto complainant you have a right to get fir copy on free of cost, you should attend before police to give your statement U/s 161crpc police have no right to supply a report/chalan copy to you but the case was refered as falls or other reson police should give a notice by stating reasons of refaring the case to you . to protest your case .

Q: How to claim right in the ancestral property sold by father?

My father had sold our ancestral property in 1998 and 2005, but I and my brother don't know about this transaction , for the other ancestral property sold we were the part in it , but the ones sold in 1998 and 2005 , we didn't get not part of it , still the revenue records show my father's name, so tell us how can we get our share/right in our ancestral property, Are we barred by law of limitation ? Is there any time limit to claim ancestral property? answer me little briefly , tell me what all documents I may need ,

Advocate Iqbal Ahamed Pasha answered
you have not mentioned your age at the time of transition ,if you have any children? what are their age. if possible please send zerox copy of mother documents, sale deeds by your father, copy of document you executed along with your father