Advocate Munish Gulati

Questions Answered by Advocate Munish Gulati

Q: Clarification regarding 156(3) & police not placed status report under crpc

Dear sir my query is I have put a complaint in police but police have not registered my case after that many approc to senior but nothing to do.then I have put my petitions to district court but till know approx one year have gone nothing to do. Court have demand to police status report but police till yet not place status report in court ,not 3 to 4 dats have gone. So can you suggest any other option those have under my rights

Advocate Munish Gulati answered
Dear You have not mentioned what kind of complaint you have filed before magistrate under sec 156 (3) crpc.If you write me in detail I would be in better position to replyAnyways if it's for registration of FIR you can approach Honble High court also under section 482 crpc for issuing direction to file status report before Honble High court.Regards

Q: How to file dowry case and harassment against husband & In laws ?

I want to complain against my husband and inlawas. bcog they always demand dowary. But now we have not fulfilled their demsnd now they want divorce.. but i dont want divorce.. please suggest me how to file a dowry case against husband & In laws ?

Advocate Munish Gulati answered
HI Dear You can file police complaint in local police station or local women cell with regard to harassment faced by you in the hands of your husband and in laws. No one can force you for divorce.it's upto you to give or not.even if your husband file divorce under section 13 that can also be contested in the court of law.Please mention years of marriage,no of issues, and are you working or not to seek proper advice.Thanks

Q: How much time it takes to get bail from high court ?

Bail application rejected from the Session Court. Then it is filed in High Court. How much time is required for a hearing on bail? How many days it takes to get bail?

Advocate Munish Gulati answered
Dear, you have not mentioned whether it is anticipatory bail or regular bail.

• Anticipatory Bail: The case is taken up for hearing within 2 days of filing. If the judge is satisfied, an interim relief order (not to arrest) may be granted, and a date for a final hearing will be set.
• Regular Bail: The application is listed after 7 working days from the date of filing. Bail may be granted on the first hearing, but sometimes, it may take longer.

Q: remedies for non filing of FIR in 498A

I have filied a case of 498 A and Domestic violence against my in-laws and husband. My Mother in law took 8 lakhs from us and father in law took 2 lakhs. We have all trasaction details available but still complaint is pending in police station from 1.5 yrs..what do do now? All jwellary are in their possesion. We have attached bills for evidence. We met IPS officers too... But no action taken till now.

Advocate Munish Gulati answered
DearConsult some Advocate in high court.He can file petition under 482 cr.pc for direction to police authorities for decidng your complaint.Or else you can also file complaint case in district courtRegards

Q: Procedure to get stay order in Civil Court

Pls.provide the information of stay order in Civil court?? 

Advocate Munish Gulati answered
It depends on your case and facts.Some time judge give u stay for time being and some time he don't give without hearing other party.Latest judgement says stay in any case cannot be more then 6 monthsRegards