Advocate Ishan Ganguly

Questions Answered by Advocate Ishan Ganguly (25+ answers)

Q: False molestation case by female employee

A false case initialized by a female employee u/s 74,79 BNS due to non payment of salary. I also registered a counter case in police station. Police was pressuring me to pay salary to avoid molestation case which I refused. Non payment of salary was due to her deliberately avoiding all duties. Pay salary to avoid molestation case is proof enough that it's a false case. I have email, whatsapp and call recording proofs with me. I want to know how to quash this case / FIR and also punish this lady

Advocate Ishan Ganguly answered
Legal Steps Summary:File quashing petition under Section 528 BNS with all evidence.File counter complaint against false complaint under IPC Section 182/211.Pursue labor court case for breach of contract and non-performance.Use recorded proof and documented communication as key evidence.Seek punishment under BNS IPC provisions for false evidence and false complaints.

Q: Request for Information under RTI Act, 2005, Local ground usuage

The local field has been captured and a building is being constructed. As a local resident I want to know the legal procedure

Advocate Ishan Ganguly answered
In civil law, if a local resident notices a building being constructed on a local field, the legal procedure generally involves first verifying if the construction is authorized by checking if necessary permissions and permits are obtained from the local municipal or development authorities. If the construction is unauthorized or illegal, the resident can take the following steps:Gather evidence such as photographs and documents showing the ongoing construction.File a complaint with the local municipal corporation or development authority explaining the situation and providing the evidence.File a civil suit seeking an injunction or stay order under Section 38 of the Specific Relief Act, which can halt the construction temporarily while the matter is resolved.If the local authority fails to act, file a writ petition under Article 226 of the Constitution in the High Court requesting judicial intervention to enforce the law.In some cases, local police may intervene under section 144 or restraining orders issued by courts to stop the construction temporarily, but final relief is usually from civil courts.

Q: Need To Get Rid From Job Fraud Case U/s -420,468,469,120 Ipc

I need a experience advocate in financial crime related case to get rid by trial or quashing. Case is based on job placement related issue. Ipc section -420,468,469,471,120 b. Two cases for same cause of action in Bidhannagar and Baruipur P. s. Also I want to merge both. Kindly send Advocates contact number or address.My email id - [email protected]

Advocate Ishan Ganguly answered
Petition for Quashing or Discharge:If allegations are weak or baseless, file petitions under Section 482 CrPC or Supreme Court precedents to quash or discharge cases before trial.Advocate assesses viability based on evidence and legal grounds.Application for Clubbing or Merging Cases:File a petition for clubbing or merging both FIRs/cases before the competent court.Under Sections 219, 220, 221, and 223 of CrPC, offences committed from the same transaction or intrinsically connected acts can be tried together.This prevents multiplicity of trials, saves judicial resources, and ensures consolidated defense.Motions for Case Transfers:Request transfer of cases to a single court or jurisdiction if appropriate, facilitating a joint trial.Bail and Interim Relief:Apply for anticipatory or regular bail to avoid arrest and proceed with defense.Trial Preparation:If cases proceed to trial, advocate mounts a defense challenging prosecution evidence, witnesses, and procedural irregularities.Cooperation with Investigation:Advocate liaises with investigating agencies to ensure rights protection and avoid coercion.These legal remedies are discretionary and depend on court hearings and case merits. Timely legal intervention, strategic petitions for case quashing, and clubbing of charges strengthen the defense and reduce the burden of multiple simultaneous trials. This consolidated approach is both efficient and fair for accused facing related criminal proceedings in different jurisdictions

Q: Subject: Legal Advice Request – Assault & Injury

Dear Sir/Madam,I am seeking your legal advice regarding an assault case where I am the victim. During a recent incident, my left ring finger was fractured. I have X-ray and doctor prescription as proof. The person has a history of violence and verbally abuses me. His parents may try to file a false complaint. I may have verbally warned him in anger, but did not physically harm him; my actions were in self-defense.Please advise me on how to file a strong FIR and what law says about this??

Advocate Ishan Ganguly answered
Filing a Strong FIRYou are entitled to file an FIR under Section 154 of the Code of Criminal Procedure (CrPC) for any cognizable offence (such as assault causing grievous hurt).Since your medical report and X-ray show a fractured finger, this can fall under Section 325 of the Indian Penal Code (IPC) (voluntarily causing grievous hurt).You should visit the nearest police station, inform the police of the incident in detail, and submit your medical records (X-ray, doctor’s prescription, injury certificate) as documentary evidence.A written or oral statement is accepted. If you give an oral complaint, the police must reduce it to writing and have you sign it.Law Applicable to Your CaseSection 319 IPC defines hurt and Section 320 IPC lists what constitutes grievous hurt (fracture/dislocation of bone is included).Section 323/325 IPC: Voluntarily causing hurt (punishable up to 1 year) and grievous hurt (punishable up to 7 years).Section 504 IPC (intentional insult with provocation) could apply if verbal abuse by the other side is established.Since you acted in self-defense, your actions are protected under Section 96-98 IPC (right of private defense). If you only verbally warned without physical harm, this does not amount to an offence.Safeguard Against False ComplaintsIf the opposite party files a false case, you can seek anticipatory bail under Section 438 CrPC if you fear arrest.You can also file a counter-complaint or application under Section 482 CrPC (High Court) to quash false FIRs.Maintain all evidence such as medical documents, witnesses, and any prior record of their abusive behavior (recordings, messages, witnesses), as these will strengthen your defense.Practical StepsImmediately file the FIR with all medical evidence.Mention clearly that the injury was caused by the accused and that you only warned him verbally in self-defense.Request the police to add applicable IPC sections (325 for grievous hurt, 504 for abuse, etc.).If false complaints are registered against you, seek anticipatory bail and contest them legally with your evidence.

Q: RTI in case of the documents signed by some minors

Some minors influenced by somebody submitted an allegation application to a public authority (Govt.) . Can any man seek the copy of that application under the RTI act?

Advocate Ishan Ganguly answered
Yes you can seek it by filing an application under RTI Act to the Body and seek information regarding it and also try to solve the issue and follow the due procedure of law and also wait for their reply to your question and try to use those documents as a solution.