Advocate Kawaljit Singh Bhatia

Questions Answered by Advocate Kawaljit Singh Bhatia (25+ answers)

Q: Acceptable signature in criminal complaint

15 year old case, and was under IPC, if it matters...In agencies like CAW cell, commission for women, & police station, when complainant makes written statements (including original complaint and supplemental letters), do the departments only accept original signature in pen (wet ink)? Or do they accept written statements even with printed signature? Relates to concern that representative agent submitted docs on his own, by unauthorized use of principal's printed digital signature.

Advocate Kawaljit Singh Bhatia answered
There is no universal rule that every written complaint/supplementary representation submitted before the CAW Cell, NCW/State Commission for Women or police must necessarily bear a wet-ink signature. Authorities may receive scanned/electronic copies or documents bearing a reproduced signature, subject to their procedure. However, where the authenticity of the complainant’s signature or authority is specifically disputed, a printed/reproduced digital signature cannot by itself establish that the document was actually signed or authorised by the complainant. In such a situation, the concerned authority should be requested to call for the original signed document, verify the complainant’s authorship/authorisation, and preserve the original electronic record and submission trail. If an agent independently submitted documents using the principal’s reproduced signature without authority, that fact should be specifically placed on record and the authenticity and evidentiary value of those documents challenged.

Q: Arbitration/Other Options for Matrimonial Couple

Couple settled, got divorce decree, & FIR 498A was also quashed on basis of mutual settlement. Now, post-divorce, if parties want to initiate discussions, potentially to modify their agreement, or resolve other disputes, & if they want to stay out of court/agencies, can arbitration qualify? People say arbitration cannot take up criminal matters. But FIR was quashed. They won’t be able to have good discussions w/o talking about past FIR. If not arbitration, they have to go back to the agencies?

Advocate Kawaljit Singh Bhatia answered
Yes, arbitration can be considered, but not for the criminal aspect itself. A past FIR under Section 498A IPC having been quashed pursuant to a settlement does not prevent the parties from discussing or resolving subsequent civil/contractual/family disputes privately.However, arbitration is possible only where the subject matter is legally arbitrable and there is a valid arbitration agreement. Matters such as modification of property/financial obligations or other contractual disputes may be referred to arbitration. Questions relating to divorce, matrimonial status, custody, or criminal prosecution generally cannot be decided by an arbitrator.If the parties need to discuss the circumstances surrounding the old FIR, they can certainly do so in mediation/conciliation or private settlement discussions. They do not automatically have to approach the police or other agencies merely because the past FIR is discussed. If a genuinely new criminal offence is subsequently committed, however, parties cannot contractually prevent the appropriate authorities from acting.For this situation, private mediation followed by a carefully drafted settlement agreement may be more suitable than arbitration, particularly if the objective is to preserve confidentiality and avoid renewed litigation.

Q: Illegal encroachment to install gate on stair

Live in a builder floor and third floor which have roof right install a gate in stair just up to second fllor stair and we enable to go on roof for check water tank or other things gave multiple compain in police station but thry told we have not right to remove gate suggest me legal process to remove his gate from common area

Advocate Kawaljit Singh Bhatia answered
If the staircase/area leading to the roof is a common area and your sale deed or other title documents give you a right to access and use the roof, the builder/owner cannot ordinarily obstruct that access by installing a gate merely on his own. However, you should not forcibly remove or break the gate, as this may create a separate dispute or criminal complaint.The appropriate remedy is to first send a legal notice demanding removal of the obstruction and restoration of access. If the gate is not removed, you can approach the competent Civil Court seeking mandatory injunction for removal of the gate and permanent injunction restraining further obstruction. An application under Order XXXIX Rules 1 & 2 CPC can also be filed for urgent interim protection, particularly if access to the roof is required for maintenance of water tanks, electricity equipment, repairs, etc.You should preserve your sale deed, sanctioned plan/building documents, photographs/videos of the gate, previous complaints and proof of your roof rights. If the gate or construction is also unauthorised under municipal/building regulations, an appropriate complaint can additionally be made to the concerned municipal authority.The crucial issue will be whether your registered documents establish your right of access to the roof and whether the staircase/portion where the gate has been installed is a common area.

Q: Police report u/s 156(3) or s 202 recurring issue

Complainant file false private complaint in writing. complainant not want to give false witness statements, so complainant make Cr PC 156(3) application which judge accept. police submit police report. same Judge file police report u/s 202. Can same Judge who approve 156(3) investigation application switch and take police report on record u/s 202. Can police switch u/s 156(3) Order for investigation and submit report to u/s 202 to court.

Advocate Kawaljit Singh Bhatia answered
Yes. There is no legal bar on the same Magistrate who passed an order under Section 156(3) Cr.P.C. subsequently considering the police report filed pursuant to that order. The Magistrate can take the report on record and proceed in accordance with law.However, the Magistrate must independently apply judicial mind to the police report and cannot mechanically accept it. If a closure/final report is filed, the complainant can file a protest petition and the Magistrate can consider the protest along with the investigation material.

Q: Is it advisable to wait for service of summons

Summons issued but not served. If I take copy of Summons from court and I submit petition to recall Summons (implicitly waiving service of summons) can complainant still dismiss my petition in sessions court saying summons not yet served and so summons is not effective. Is it advisable to wait for service of summons?

Advocate Kawaljit Singh Bhatia answered
It is generally advisable to exercise caution before voluntarily obtaining the summons and filing a recall petition. Mere issuance and non-service of summons does not necessarily make the summoning order ineffective; however, the exact consequence depends upon the nature of the proceedings and the relief sought. If you obtain the summons and voluntarily submit to the court's jurisdiction, the complainant may argue that you had knowledge of the proceedings and have waived objections based on want of service. A petition seeking recall can also be treated as voluntary appearance/participation depending upon its contents and the court's approach.Therefore, if your proposed challenge is maintainable only after service/appearance, waiting for formal service may be strategically safer. On the other hand, if there is an independent legal ground to challenge the summoning order, you need not necessarily wait merely because summons have not yet been served. The safest course is to examine the exact order, the nature of the case, the provision under which summons were issued, and whether the proposed petition is a revision, quashing petition, or an application before the issuing court.