Advocate Karnish Gupta

Questions Answered by Advocate Karnish Gupta

Q: Can a PO declared under NDPS act get a regular bail or anticipatory ba

Three persons namely A,B,& C are made accused for recovery of Charas under NDPS Act in 2009. Of these three A & B are sentenced for 10 years imprisonment in 2011. Accused namely C is forcibly involved in the case as neither C knows the accused A&B nor A & B knows C. A&B are arrested on the spot whereas C absconded from the naka spot which is totally wrong.A & B denied all allegations under Cr.Pc. 313 in judgment copy whereas PW says that A & B has disclosed the name and address of C. Also the address of C is shown totally wrong in FIR & Challan. PO is issued against in 2012. Kindly suggest whether C should apply for anticipatory bail or he has to surrender before court to face a trial for regular bail.

Advocate Karnish Gupta answered
anticipatory bail is the right course for this however it not be that it will be granted but it will have the ability of the court to finish the present matter as such you need to file only anticipatory bail and hope for the best or else if it is dismissed the same may go to high court depending abt quantity

Q: Ghar ko Rasta na ane ki samasya

Mera Ghar meri jameen mein hai meri jameen ko koi bhi sarkari rishta Nahin Lagta hai maine Aas paas zeemeen walon se kaha ki vah mujhse kush jeemen lekar apni jameen mein se rasta de de magar vo Nahin maante humko aane jaane mein bahut dikkat Hoti hai kripa Karke bataiye ki ham Rasta kaise le sakte hain kanuni taur per

Advocate Karnish Gupta answered
apka case easement ( diljamai ya suvidha adhiniyam) ka hai iska dawa lga Kar aap apni zamin Tak ek Rasta lene Mai samarth ho sakte hai iske ilava kanuni air koi adhikar na hai aap apne area ke diwani adalat Mai mamla darj kra sakte hai

Q: I wana get my love out of jail

Dear sir actually m in a relationship with a boy nd m also a boy nd three months back an fir against him was filed by my father as my father thought he misuesd mee physically as three months ago i was 17 but no its a love nd now m 18 nd i wana take him out as hes arrested how can i take him out how can i made a compromise that fir can be cancelled or can i marry him to set him free of jail

Advocate Karnish Gupta answered
you can file the bail on the case and statement taken by you now will be taken as an adult and hence court will be of an opinion to allowed the bail in majority of matters as such the crime which has not been stated but by ref its pocso act and the same has a hard term and you statement in the matter can destroy the case of prosecution and the same will help you friend to get free and if everything will be in order and allowed as per rules you both can marry

Q: I would like to know about divorce case process in mutual consent

I am going through divorce case process. I applied on mutual consent. My husband was NRI and he never came to india after marriage . He sent power of autorney to his father and on behalf of that i applied case. But now in second motion can i take divorce if that man will not come to india .

Advocate Karnish Gupta answered
yes you can based on the poa that's azad been given in the matter you father in law has all the requisite power to confirm the divorce and that the same will be binding on your husband however to avoid any future conflicts it is advised that u should let him come on at least one date but if you think that's not necessary then you can waive the same

Q: Effect of criminal case decision on the civil case decision

Hi Sir/MamDoes criminal case decision have any impact on the decision of civil case. We won civil case from both lower and district court. Now, the civil case is again pending in hight court as the other party appealed in the high court. In the meantime, the decision of criminal case is very near but the problem is that I have not given my testimony in criminal case as I have come to abroad for further studies. Also, the case officer has not given his testimony in criminal case as he has settled in abroad as well. But, I have given my testimony in civil case and we won the civil case twice from lower court as well as from district court. Also, case officer has nothing to do with civil case. Now, we know that our criminal case is weak because I, as a complaintant have not given my testimony. So, my father and I are scared by thinking if the decision of criminal case from lower court will have any effect on the decision of civil case pending in the high court.

Advocate Karnish Gupta answered
I am surprised that your attorney had not advised you on this however there will be some impact in negative of criminal case over civil if it goes against you and as such it is not a bar that you are abroad you can give your testimony only and even your cross examination could be done online and that the police officer can also do the same online but the public prosecutor may not be interested in the case or you might not have a lawyer to look after the case whatever the case may be you have to get it done or else civil case will be effected however due to hostile witness it will not matter but still court can presume anything