Advocate K D Sheladiya

Questions Answered by Advocate K D Sheladiya

Q: FIR not written by Police due to meet another party

Not written FIR by Police in 3 months.i am found injariy by other party on the head and my teeth and mouth.

Advocate K D Sheladiya answered
File a Private Complaint in Judicial Court under section 156(3) of CRPC. You need to submit all medical evidence and photographs of injuries.Before this you also need to make written representation to high authority of police station. If the police office not take any action then you need to file application before the court.

Q: Harassment by two people abusing and threatening me

8 months ago two people beat me because i saw them selling alcohol ( i am from gujarat) and my family denied to do police complaint bcoz they are rich and surely have police connection thats why doing illegal activities, they are group of 5 to 6 people always free to do illegal things n after 8 month i stopped to walk in that area stil after 8 mnths they threatenes me and abuses me i am in depression help me sir i want permanent solution and want to provide both of them punishment they desreve

Advocate K D Sheladiya answered
You need to file a complaint against both of them. Also you may file a representation to local authority. If they may not be helpful you can file an application to get restraining order. Some times the people in Gujarat may not go to the court in small or normal matters. But in your situation if you not doing anything you may be become a victim. But firstly you may start your actions to collecting evidence. After that you proceed for further steps. Also I suggest to hire a lawyer for better understanding and worry free results.

Q: FIR lodged saying "will shoot" during enquiry process.

The enquiry officer goes with management witness and lodges FIR about threatening to shoot but there is no mention about the same in the enquiry proceeding report dated 3 August but the FIR was lodged on 5 August. Police sends notice on 5 September. Allows bail in the police station on 6 September. Summons sent at the management's residence. Subsequently the accused doesn't receive any of the summons and subsequently the bailer receives call from PS and informs the accused of the next date to

Advocate K D Sheladiya answered
Properly explain your issue about which kind of legal help you need. If your questions not come in your content it is difficult to write a proper answer.You need to raise a question with your situation and case discretion. So legal advice would be helpful.

Q: Can the right of further statement be waved ?

In a case of negotiable instrument act 138 accuse is absconding and evidence of prosecution is considered, now the right of further statement can be waved by the court? If yes under which section?

Advocate K D Sheladiya answered
In a case where the accused under Negotiable Instruments Act 138 is absconding and evidence has been considered, the court may proceed with the trial even without the accused's further statement. The court can proceed ex parte. The relevant section in this context is Section 139 of the Negotiable Instruments Act, which establishes a presumption in favor of holder in due course unless the contrary is proved.

Q: my Girlfriend gives threat to me

Me and my girlfriend are of same age 21 years. 1.5 years before we came in relationship, in starting she was nice but after 3/4 months she started behaving more controlling and toxic, now when i say i want to end this she threats me for a case that she saw on reel, that if a boy promises you for marriage and later he does not , he will be punishable, etc and also threatens me of cutting her hand or ending herself

Advocate K D Sheladiya answered
Firstly, take a moment to relax. Open up a conversation with your girlfriend, openly sharing your thoughts and expectations. If there's discomfort, consider discussing the matter with her family. If that proves challenging, consulting legal advice might be necessary to address any potential pressure or threats regarding marriage. Remember, if you're acting ethically, legal concerns should not be a worry, especially in matters related to personal relationships.