Advocate Mohit Mani Kishore

Questions Answered by Advocate Mohit Mani Kishore

Q: Accused who got arrest warrant is absconding and bribing police

A lady ward commissioner has done too much corruption. There is a case filed a group of people that she took lots of money from them after giving so many promises, but failed to do those work. There is an arrest warrant issued against her, but she is absconding. The police knows she is walking everywhere, but it does not arrest her. And police taking bribe is very ordinary. We dont have any proof for this bribery, but police says to the Judge that she is not available, but we all can see her everywhere, but only to police she is not visible...so funny. Thus she is escaping in two cases in absconding condition. She is enjoying parties everywhere. Many people like me are very angry and upset inside by seeing the ugly side of police administration. What can we do to put her inside prison? She is boasting everywhere that she can go to High court and there she will come out this case....is it possible? or she is simply fooling all of us. Please give your suggestions.

Advocate Mohit Mani Kishore answered
File a criminal writ in the High Court disclosing all the facts as mentioned in your query with relevant proofs or evidentiary documents.Also obtain the entire order sheet from the court below to highlight police efficiency and annex the same in the criminal writ

Q: Procedure to prove FIR as false allegations

A person has done wrong FIR against me of stealing his laptop. But i have purchased the laptop from him around Rs. 22000. I don't have receipt of the laptop. How can i prove this FIR wrong. What petition should i have to file.

Advocate Mohit Mani Kishore answered
You need to file a quashing application before the high court but some documentary proof to show that you had actually paid for the laptop would be required. In such application you can pray for quashing of the FIR and all proceedings emanating therefrom.

Q: Clarification on payment of education loan took under subsidy scheme

I have taken an education loan of amount Rs 4.5 lakhs in 2013 under subsidy scheme launched by central government .According to the scheme all the interest over loan amount has to be paid by central government. But i only got subsidy for 1st and 2nd year, and subsidy for 3rd and 4th year is still pending. Therefore my loan interest have become too much. Thus i went to the bank to pay principal amount of loan as per law under subsidy scheme. But Bank officials are forcing me to pay complete interest too along with principal amount of loan. How should i proceed now legally.

Advocate Mohit Mani Kishore answered
A copy of the sanction letter issued to you and other loan documents would be required to verify the facts mentioned in your query. At this juncture it would be best for you to give a legal notice to the bank detailing all facts and circumstances and clearly expressing your intention to repay the principal amount.

Q: Legal remedy as legal notice not yet received in loan default

Had Taken loan online for 4 months.last Emi data was west January.2EMI Pending the to financial problem. Now they Had given me message that Legal notice has been sent to my office and residential address,though I have not recieved yet. What to do now please advice.

Advocate Mohit Mani Kishore answered
Wait for the notice. It is the bank’s responsibility to send you the notice. Ideally they cannot proceed further till the notice is received by you, and if they do you can challenge any such subsequent action on the ground that notice has not been received by you.

Q: Clarification on report not being submitted by SP police in court

Police has filed case to Cort. But SP police does not submitting his report till three month .Dose it effect my case.

Advocate Mohit Mani Kishore answered
pls clarify what report the SP is required to submit. If you are referring to chargesheet/Final Form/Police Report then delay on part of the police in submitting the same gives you a very good ground for seeking bail if not already sought for.