Advocate Neeraj Rathore

Questions Answered by Advocate Neeraj Rathore

Q: Crpc Section to challenge case transfer

My murder case was transferred from the territorial court of additional session judge to 100 Kms away to the district court by a session judge so kindly guide under which section of Indian law can I challenge it in high court to get that order of case transfer cancelled and let be heard in the court of the area where crime was committed

Advocate Neeraj Rathore answered
if it was transferred by the high court of concerned state then you can challenge it in the hon'ble supreme court through special leave. your matter requires deep study before arriving at a decision. upon what grounds the matter was transferred is required to be study first.

Q: Cyber crime Information Technology Act 66

sir mere sasural walo or pati ne mujhe dahej ke liye bohot pareshan kiya jiski wajah se mujhe unke khilaf dahej act or maintenance ka case karna pada jiske wajah se mujhe mere pati ne samajh mein or social media ka sahara lekar mere photos per editing karke bhadde bhadde shabdon ka istemaal karke or mere parivaar walo or mere khilaaf bohot gande gande shabdon ka istemaal karke logo ke pass bheje mujhe badnaam karne ke liye taki mai uski is harkar se pareshaan hokar badnami ke dar se case wapis lelu lekin mene esa na karte hue police me uske khilaf report darj kawayi jo ki IT act 66 main police ne meri FIR darj ki lekin ab police keh rahi hai ki hum apradhi ko giraftaar nahi kar sakte.. police apradhi ko giraftaar kyu nahi kar sakti?

Advocate Neeraj Rathore answered
police is misguiding you and if police is not acting then you can directly file a complaint case under defamation, it act and other penal sections of ipc thereafter court will definitely proceed against your in-laws he cannot get away from the cluthes of law.

Q: 2 sadi aur dhokha dhari aur frod aur dahej ka matter

Sir or maimNamskarMai 2 sadi Kiya hu ek sadi Mai Ghar se Bina bataye kar liya aur Ghar walo ne jab kuch puchha Mai jhoth bola ki Mai koi sadi nahi Kiya hu aur dusari sadi Mai Ghar walo ke kahne par kar liya to ab hua ye ki Jo pahli wife h uska ek larka h aur dusari wali se ek larki h to Mai dusari wife ke sath rahne laga pahle wali ko koi problem nahi tha na aaj h lekin dusari wali ko kahna h ki tum ek sadi kiye ho uska mere sath dhokha kiye ho mujhe tumhare sath nahi rahna h wo apne papa ko bula ke chali gayi Mai usko bahut baar coll Kiya aur massage bhi Kiya aao sath raho lekin wo nahi aayi pahle boli mujhe divorce cahhiye Mai bola theek h lekin aur mere uapar dhokha dhari aur dusari sadi aur dahej ka case ki h lekin satyata yahi h ki Maine sirf 2 sadi Kiya h aur Mai aur apne Ghar walo se sirf jhoth bola h lekin Mai usako aaj bhi rakhane ko taiyar hu

Advocate Neeraj Rathore answered
she can file complaint of cheating against you but dowry case is not maintenable against you because your second marriage is null and void. but if your first marriage is not solemnized according to hindu rights then your second marriage is valid and you are safe. all you required is a good lawyer who can better understand your problem and proceed as per requirement. because your matter is complicated and needs very cautious steps.

Q: Blackmailing by my father's second wife

My father passed away 3 years back and mother 2 years back and are survived by 4 children. My father had a second wife - Mrs X (not sure if she has a proof of wedding) but she lived with my father for the last 30+ years and has 2 children.. While we are in possession of my father's ancestral property, my father left the following for Mrs X. 1. A house in which Mrs. X sold and purchased house in another city after my fathers death.2. A plantation worth around 8 Lakhs, in our control at the moment. 3. A house in Noida worth 60 Lakhs which in currently in my name.Now Mrs. X has been demanding Rs 15 Lakhs for the plantation and the transfer of the house in Noida immediately else she is threatening with revealing personal details of my father, his affairs, scandals, etc. to our extended family and relatives and that she will come to our house and create a reckus. We dont have much problem giving her the house+Rs 8 Lak, what we are worried is that blackmailing may continue in future.

Advocate Neeraj Rathore answered
you can file criminal case under relevant sections of indian penal code, record all the audios or videos of conversation with X without telling her and you are having a strong case . after procuring the call or conversation recording contact to a good lawyer who can better draft your criminal case of blackmailing.

Q: Quashing Matter Of Dowry / FIR

my inlaws have applied for quashing in the high court ,from last 2 dayes they are adjouring .The high court has asked them to verify for the chargesheet has been submitted or not they never reply for the same instead its getting adjour.Pls let me know is there any alternative which can help me to proceed for the case ,as the case is on hold in my cityAnd wat other alternative can be done in high court .

Advocate Neeraj Rathore answered
quashing at the stage of before filing chargesheet is different then quashing after filing chargesheet therefore court wants to enquire it as far as question of remedy available with you it can only be adjudged after reading or studying your case file, at which stage your case is going on or what are the facts and circumstances.