Advocate Mohd Sameer Khan

Questions Answered by Advocate Mohd Sameer Khan

Q: Regular bail for Juvinel case booked under section 3/25

Juvinel is on interim bail , need to know detailed process of getting regular bail ,how long is the regular bail process please mention all things in specific details,how will a district juvinel migistrate will grant regular bail to the juvinel booked under arms act 3/25 high school marksheet is under verification by summoning school Thankyou for your time.

Advocate Mohd Sameer Khan answered
A juvenile is generally entitled to bail under Section 12 of the Juvenile Justice Act unless release may expose the child to danger, criminal influence, or defeat justice. The Board usually decides after age verification and school record verification. Timing varies by court and case facts.

Q: Juvinel case booked under section 3/25

Case under 3/25 Given wrong name of his self and father during FIR due to fear or pressure,age in FIR mentioned 19 but doc produce to migistrate is juvinel age 17 verified via High school marksheet, currently got interim bail can this case can get regular bail as marksheet is getting verified ,can I move accused to other location in same state itself after regular bail, how long will the case exist ,can chargesheet can cause problem in future to case if more strict provision are added by police

Advocate Mohd Sameer Khan answered
If school records verify the accused was 17 at the time of the incident, the Juvenile Justice Act may apply. Regular/interim bail is generally possible subject to facts. After bail, movement within the state is usually allowed unless the court imposes restrictions. A chargesheet can include added sections if supported by evidence, but legality can be challenged before the competent court.

Q: Removal, record sealing and expungement of police records

Hello, Last year a FIR was registered against me under section 66c and 67 of IT act. Now it is in process of quashing through high court of Punjab and Haryana based on compromise. My issue is that i want to remove my police records like CCTNS, FIR and other record with DCRB, SCRB, NCRB. I want to redact my name and personal identifiers from court registry too from high court and Gurugram district court too. i want this because of unnecessary failure of background check and visa denials.

Advocate Mohd Sameer Khan answered
If the FIR is pending quashing before the High Court on the basis of a compromise, the FIR and related records generally remain part of official police and court records unless a specific order directs otherwise. Successful quashing may help demonstrate that the criminal proceedings were terminated, but it does not automatically result in deletion of records from CCTNS, DCRB, SCRB, NCRB, or court databases.You may consider seeking specific directions from the High Court regarding the updating, correction, masking, or restricted disclosure of records after quashing. Redaction of names and personal identifiers from court records is granted only in limited circumstances and is not automatic. The outcome depends on the facts of the case, applicable rules, privacy considerations, and judicial discretion.For issues relating to background checks, visas, or employment verification, certified copies of the quashing order and records showing the closure of proceedings are often important. It is advisable to consult your advocate handling the quashing petition regarding any additional applications that may be filed for record correction, data privacy, or anonymization after the quashing order is passed.

Q: PS5 Rental Fraud – Cheating, Breach of Trust & FIR

I run an unregistered PS5 rental business without formal rental agreements. A person rented 4 PS5s worth ~₹2.5 lakh. I have WhatsApp chats, payment/delivery records and his ID. He repeatedly gave suspicious/false explanations, failed to return them and later said they were sold. He was caught by us and taken to police while attempting to obtain a 5th PS5. Can this amount to cheating/criminal breach of trust? Can an FIR be registered despite voluntary rental, no registration/documents? what to do

Advocate Mohd Sameer Khan answered
Yes. If it can be shown that the person had adishonest intention from the beginning, provided false explanations, failed to return the PS5s, and later admitted that they were sold, the facts may support allegations of Cheating and Criminal Breach of Trust. The absence of a registered business or a written rental agreement does not, by itself, prevent the registration of an FIR. WhatsApp chats, payment records, delivery proof, identity details, return-demand messages, and other digital evidence can be used to establish the transaction and subsequent misconduct. Based on the available evidence, the police can register an FIR, investigate the matter, and take appropriate legal action, includingrecovery of the property.

Q: There have been an attempt to murder

How strict can the actions be taken and what are the evidences one can need to prove his innocence

Advocate Mohd Sameer Khan answered
The severity of action depends on the nature of allegations and available evidence. To prove innocence, a person may rely on alibi evidence, mobile location records, CDRs, CCTV footage, witness statements, digital communications, transaction records, and other documents showing they were not involved in the incident.