Advocate Man Mohan Mishra

Questions Answered by Advocate Man Mohan Mishra

Q: Pocso act wrongly implicat fasle case of my brother...

Sir my brother has been implicated in false pocso act...If the Sessions Judge does not follow section 36 of the POCSO Act,And he recognizes my brother by standing alone in front of the victim...What to do if you do not follow pocso act section 36? ??

Advocate Man Mohan Mishra answered
It has to be seen in the Court proceedings that the main motive is to protect the interest of child. The court if has applied appropriate caution, then it would be appropriate. In anyway, the accused cannot plea for justice in a situation where he has no locus to stand. In simple way, accused cannot claim the right of the victim. It is however upon the judge and the prosecution too to ensure the applicability of section 36. If the complainant has a grievance to the procedural applicability of section 36 then it is the complainant who is entitled to enforce these right.

Q: Kya Hoga Agar Ek Sarkari Teacher (Shikshamitra) Ke Khilaf Case Darj Ho

Agar kisi sarkari teacher ke khilaf 308 354b 504 506 ka mukdama darj ho jata hai to Kya uski naukari chali jayegi

Advocate Man Mohan Mishra answered
Aap Jila Shiksha Aadhikari ke dwara suspend kiye ja sakte hai. Ye unke discreetion pe hai ki wo apko suspend kare ya na kare. Lekin aam taur par virodiyon ke shikayat par aap suspend ho sakte hai. Jyada jankari ke liye aap mujhe sampark kar sakte hai.

Q: anticipatory bail under section 498a

my wife lives in Bareilly she filed an 498a FIR there but i live in moradabad. how can I get bail also i don't know anybody there. no surety in Bareilly. will moradabad person surety applicable?

Advocate Man Mohan Mishra answered
You should file anticipatory bail in Bareilly. I have a contact in Bareilly if you like to engage a lawyer please call me and I will arrange the lawyer for you it is very important that you engage a lawyer and applied for anticipatory bail or you can apply for stay of protest from the High Court. For any further details call me or text me on the number given by the Loreto. I am an advocate in High Court

Q: Kya fir me lagi dharao ko kamzoor liya ja sakta hai

Meri mummi ko maar peeta Gaya tha.To Maine than me for likai jisme dhara 308,dhara 354b,dhara 504,dhara 6.kya investigation officer baad me dhara ko kamzoor kar sakta hai ?

Advocate Man Mohan Mishra answered
अगर तफ़तीश में ये पाया गया की आपकी माँ को कई चोटें नहि आयी है तो यह मुमकिन है । दूसरा यह कि यह भी हो सकता है की विपक्षी पार्टी पुलिस को रिश्वत खिला दे इसलिए आपको सतर्क रहना पड़ेगा।ऐसा भी हो सकता है की विपक्षी पार्टी हाई कोर्ट से कोई आधेश ले कर आ जाए । ज़्यादा जानकारी के लिए आप मुझे सम्पर्क कर सकती है किसी भी वक़्त।

Q: will I get a government job when ipc 323 504 506 pending in court

Sir/madam, I am student and I am selected in central govt in class c post. there was a dispute between my uncle and my parents and he reported an N.C.R against me and my parents but as there was no action taken by policemen he approaches CJM court and filed a case against us for IPC 323, 504, 506. now the court asks policemen to present a charge sheet. I was not present there and I gave the proof that I am at my college at the time when the incident happened. will this case affect my job selection? what can I do?

Advocate Man Mohan Mishra answered
In a government job an affidavit is submitted stating that your character is good and have a clean antecedent. However, it is better to check the eligibility before applying to any job since it may be possible that in some jobs they might notask for that affidavit. Moreover, if in a plea before the court you have submitted a relevant document to prove your alibi you will most probably get acquitted at the charges framing stage which will be helpful for you in any job application.