Advocate Kamran Shaikh

Questions Answered by Advocate Kamran Shaikh

Q: Related black mailing related 18 + by mistake please help me by sugges

Sir on Google the 18 + ads come and just click , thier given numbers of that women, he just dial that, but later he replied with you are TRAIng saying that you are pranking 9n us give me 499 other wise we upload your naked photo over , should I he scared 9f them or leave it pls answer

Advocate Kamran Shaikh answered
Kindly file a Online Police Complaint on the Cyber Crime Website. Because if you don't file a Complainalt, then the Scammer can upload any objectionable morphed photos of you.Better to file a Complaint with Cyber Crime Department.

Q: Case filed in highcourt under crpc 482 for dv case

i have won the interim maintainance in lower and session court. Right now DV and police case both are going on in lower court. My huaband has files a case in highcourt under crpc 482 and section 498a, 34, 406 and 352. Will this only quash the police case or all the case and my interim maintainance. Is this case a appeal against the interim maintainance. Just saw on high court website its in preadmission state and copies not served yet

Advocate Kamran Shaikh answered
The Petition filed by your Husband in the High Court u/s 482 CrPC is only for Quashing of FIR u/s 498A and not against your DV case. If your Husband succeeds, it will only Quash the FIR u/s 498A and not your DV Case and also your Interim Maintenance Order will not be affected. It is not an Appeal against your Interim Maintenance Order. An Appeal against the Interim Maintenance Order will go before the Sessions Court. Further the High Court cannot Quash the FIR without issuing Summons to you and you will have to be heard before passing any Orders.

Q: Process after filing complaint under sec 138 for accused

Do accused has to file written statement before examination in chief once complaint filed by complainant or can be filed later or have to move on with directly cross examination (for lawyers). Can we take objection on Examination in chief

Advocate Kamran Shaikh answered
Accused need not file Written Statement before or after Examination in Chief filed by Complainant. The Next stage is to Cross Examine the Complainant on the basis of Chief Examination filed by him/her. And No, you cannot take Objection to the Examination in Chief but you can Object to the admissibility of Evidence marked as Exhibits along with the Affidavit of Examination in Chief on the basis of The Evidence Act.

Q: What action can I take if my bike and RC were taken by the police for a drink and drive case? Does d

I was caught driving my bike outside a bar on August 18, 2016, where the police were waiting. They took my breath analyzer test, which registered 101, and then took me to the police station. They collected my RC, license, and bike and asked me to return on August 22. My questions are: Will they take me to court on August 22? If they take me to court, should I plead guilty? Does this incident have any records, and will it appear in the future during a passport or visa application or background check? Also, does drink and drive reflect in police verification?

Advocate Kamran Shaikh answered
Hello,The Answer to your Questions are 1) Yes, they will indeed tell you to come to the Court on a Specified date, mostly the 22nd.2) If it is your 1st Offence of Drink & Drive and you Plead Guilty, you'll be let off with just a Fine and no Jail Time.3) And Yes, if you Plead Guilty, it will indeed have a record of you being caught for Drink & Drive and that you were Guilty of it. And it will be reflected in the Background check for Passport.If you don't want any record of it, then plead not guilty and fight the Case on merits which takes a lot of time though.

Q: Filing of private complaint in magistrate court

Kindly let me knownnThe advocate who helps in filing the private complaint in the magistrate court for her complainant by submitting their Vakalatnama CAN they leave the case on their own as per their wish after filing the complaint ?

Advocate Kamran Shaikh answered
They will have to Intimate you and the Court as well and also Handover all the Case Papers to you before leaving your Case. And yes they can leave your case if there has been a difference of opinion or Conflict of Interest