Advocate Manish Batra

Questions Answered by Advocate Manish Batra

Q: What to do a case has been filled under 7 PC Act

My father has been arrested while allegedly taking bribe under 7 PC Act. A search operation was also carried at my home where they seized some Passbooks, KVPs etc. CBI has already filed chargesheet 10-12 days back under section 7, 13(1)(d) and 13(2). Can they still file a Disproportionate assets case against us? If yes, till when can they do that? Also, when can we get those seized documents back? Some documents were of my grandfather also who live with us. Thanks for the help.

Advocate Manish Batra answered
Yes, your father can still be chargesheeted for disproportionate assets case anytime subsequent to completion of the investigations. You can get the seized documents back by moving approporiate application before the concerned court, who upon calling for the status report from the invetigating officer may release the same, if not needed any further.

Q: What to do the crime branch is not returning my phone

Crime branch seized my phone as a proof of a complaint. They promise me, they gave my phone back in 2 month but three months past, I haven't get my phone. When i ask about my phone they said "the phone was in FSL". Please suggest me what should I do?

Advocate Manish Batra answered
Move an application before the concerned court regarding your concern. The court upon calling the status report from the concerned Investigating Officer, and subject to appropriate conditions will definately return the same to its lawful owner.

Q: Clarification on time period to file for execution of decree

Hello, My father gave 25lakh to one of our relative through RTGS.Do he denied to refund the amount so after giving so many warnings we finally filed the case in the session court. And we won the case after 6 years. So just need to confirm if in case he goes to high court so how much amount does he need to deposit in the high court and when will execution will be filed after decree.

Advocate Manish Batra answered
The time limit for filing the execution proceedings are the same as to period of limitation, i.e in the case in hand 3 months from the date of passing of decree. As per law, the appellant in order to get stay of the execution needs to deposit the entire decreetal amount which however can be released in your favoure subject to just conditions.