Advocate Palak Agrawal

Questions Answered by Advocate Palak Agrawal

Q: 87 years old medically operated man sentenced for 6 months jail term

My Grandfather in law use to run grocery shop in Satara. Food officer filed a adulteration case against him 25yrs back. He is 87 yrs now and got operated for hip replacement 15 days back. Satara court have sentenced him 6 months of jail with some financial penalty . He is so week he will not be able to sustain the Jail term. He is financially very week and is not willing to take any support. Please can you guide me what are the legal options I have to keep him at home.

Advocate Palak Agrawal answered
Thankyou for your email.There is no exemption in imposing punishment or following the prescribed rule for being a senior citizen. The court considers the fact that the accused is a senior citizen and normally allows concession and/ or award minimum prescribed punishment terms. There is no provision to grant relaxation/ exemption to a senior citizen while taking him to custody as per law but you can always file bail in the court taking plea of health condition and eventually take this matter forward.

Q: Legal action against mental harassment by maternal uncle

Sir i want to convey that my family and my maternal uncle purchased a plot in 2014.the builder said that he sold it to them at higher price as compared to us which is totally fake as they self gave the amount to the builder .now my maternal uncle and his family members pressurising us by telling everywhere there we took that amount from that builder and we breaked their believes .my parents went to saught out the situation but they said give us that amount earlier inspite of discussing it infront of that builder.once we called to discuss that matter and said we will clear it out and as we went there my maternal family leaves there as soon as they can because he was saying that my family did nothing at all.everyone got the plots at different price and they are continuosly tourchring us by telling everywhere just to take extra amount from us inspite of knowing that it is now of higher price.they can do anything with us and this is happenig from 3 years.please suggest what to do?

Advocate Palak Agrawal answered
Thankyou for writing to me.Following are the suggestions:- 1) if you have any physical threat you can file FIR against your uncle.2) if not then civil harassment order, type of restraining order, doesn’t necessarily lead to criminal charges can be filed. A person can request a civil harassment order to prevent you from harassing them. The person asking for the order is not asking the court to file charges against you, but rather just asking for protection. These types of restraining orders do not lead to criminal charges unless they are violated.For more clarity would request you to share the facts of the case in clear manner.

Q: Legal remedy to make cheque bounce defaulter to appear before court

I have filed a case against the person for Cha bounce. Inspire of court issuing summons twice the person hasn't come to the court ever. I am surprised court is also okay .. what should be the next step? We only keep seeking next date for more than 7 months now.. how can court make sure to make the person appear?

Advocate Palak Agrawal answered
If warrant issued and accused not coming to court then there are another steps. Ask your lawyer to get nbw ie non bailable warrant issued against the accused. In that case police will be duty bound to arrest the accused and produce before court. If police is not doing this still there is ways as to get a notice issues against SHO of that thana.

Q: Procedure to file FIR for threat & assault having cctv evidence

I've been threatened by a girl, her sister and a male friend. I have cctv coverage in which the one of the girl and boy is trying to beat me. I have past WhatsApp message also. Shall I file FIR?

Advocate Palak Agrawal answered
Dear sirThankyou for writing to me but to give you an appropriate suggestion I would require the related incident. Request you to kindly elaborate the incident to understand the case senario accordingly will suggest.Anyhow if you are aggrieved you can file FIR.

Q: Legal action against drunkard being a public nuisance to the community

Hi, I live in a very renowned area of Akola. In front of my house there lives a family from past many years. Now in very pathetic condition. Lady widow, daughter in prostitution (as heard) and son a drunkard. Now he has been harassing the whole community with his foul below dignity comments (galiyaan), on others religion too for past many years and people were neglecting due to past societal relationship with his family, but now it is becoming unbearable. Also my daughter is of age now and i don't want her to witness these foulness everyday. Thinking of going to police, rehabilitation centre etc... Confused! What should i do? Please help!

Advocate Palak Agrawal answered
You have the right to lodge a police complaint against the private nuisance caused by the said neighbor.In your complaint you won’t have to mention sections of the act.Just lodge the complaint and police will put appropriate charges to suit your said complaint.