Advocate Nadeem Ahmed

Questions Answered by Advocate Nadeem Ahmed

Q: Though an affidavit per se is not part of investigation, we

High Court Order - Though an affidavit per se is not part of investigation, we think that if that is the stand of the informant, no useful purpose would be served by permitting the investigation to continue.

Advocate Nadeem Ahmed answered
This order is generally passed when the person filing the FIR (Informant/Complainant) has reached a compromise with the accused or has retracted his allegations. Based on the complainant's affidavit, the High Court can seek final relief under Section 482 to quash the FIR and all subsequent criminal proceedings. Under the principles of landmark cases like Gian Singh vs State of Punjab, if the crime is non-heinous or of a personal/family nature, the High Court immediately quashes the case after the complainant's stand.

Q: My phone was snatched but Lost complaint was filed by pressuring me.

My phone was snatched in Mamura area of Noida. I wrote a formal complaint then and there but I had to follow up 6-7 times(days) and had to give 4 iterations of the complaint. Everytime they forced me to go ahead with a lost complaint as their system wasn't accepting it or that lost is the same as snatched they literally forced me to write lost instead of snatched. Then of course after more follow ups no action was taken. It's been over an year now and it pinches me. Can I do anything now?

Advocate Nadeem Ahmed answered
As you mentioned, snatching has now been separately provisioned in the new law. Since it is a cognizable offense, the police cannot legally refuse to register an FIR. If, for any reason, the police are forced to file a missing person's complaint, you can meet with higher police officials, providing full details of the incident in writing, and demand an impartial investigation. If you are still dissatisfied with the actions of higher police officials for any reason, you can file an application in the Magistrate's Court under Section 175(3) of the BNSS. The Magistrate, at their discretion and depending on the gravity of the case, can order the police to immediately register an FIR and investigate, or can file the application as a complaint in the court and proceed further as per the rules.

Q: Taking signature on papers by misleading and breach of trust

Sir, someone took advantage of my trust in the office and did financial fraud with the department. Now the police is after me and not ready to believe that I was unaware and was made to sign the papers.

Advocate Nadeem Ahmed answered
The law is based on evidence, not words. You must prove that you did not intend to defraud (Mens Rea). Preserve all your conversations (WhatsApp, Emails, Call Logs) with that person. If they ever try to trick you or pressure you, these records will be very useful. Write a formal letter to the police and your higher authorities, detailing how your trust was exploited. Indian law states that a person is innocent until proven guilty. Save documents proving your innocence and follow the legal process.

Q: Reasonable lawyer for Show cause 130 BNSS

Can we get a discharge for 130 BNSS instead of signing a bond at Exec Magistrate court ?Looking for reasonable fees near Shalimar Garden or Shahibabad, Ghaziabad

Advocate Nadeem Ahmed answered
If after investigation the executive Magistrate feels that there is no real danger of breach of peace or there is not enough evidence against you, he will discharge you under Section 137 BNSS without signing a bond and the proceedings will be dropped.. Lawyer fees for Section 130 BNSS (formerly known as 107/111 CrPC) cases depend on the city, the lawyer's experience, and the complexity of the case.