Advocate Pawan Pal

Questions Answered by Advocate Pawan Pal

Q: DELHI HC copies of quashed FIR case when non-party applies for copies

Some had mentioned that this answer depends on which court - to be clear, its Delhi High Court. Question is Can non-parties get records of the FIR quashing pleading and petition, if non-party applies under RTI or other inspection/copies route like going to court? Order is available on court website but not the petition. It's matrimonial FIR under Section 498A. I read that anyone can just go the inspection room & easily get the copies, whether certified and/or true copies. Why is that the case?

Advocate Pawan Pal answered
No, Non parties can't get copies, you have to file an application before the majistrate with appropriate reason. if the court get satisfied with your reason after enough evidence then with the permission of parties the court can provide your copies upon filing appropriate court fee.

Q: copies anrecords of quashed FIR case when non-party applies for copies

Can non-parties get records of the FIR quashing pleading and petition, if non-party applies under RTI or other inspection/copies route like going to court? Order is available on court website but not the petition. It's matrimonial FIR under Section 498A.

Advocate Pawan Pal answered
Generally, Non- parties can't get copies of petition or FIR of a case under section 498A IPC (85 BNS) through any means, because these matters are related to a women dignity. If somehow your rights are being affected you can file an application before the majistrate and after getting the enough evidence and with the permission of husband and wife, the court can order to provide you the copy of petition or FIR or any other documents related to the case with appropriate court fee.

Q: Advocate Threats & Harassment – Criminal Legal Opinion

I consulted an advocate regarding my legal matter. Before confirming the appointment, neither on phone nor on WhatsApp was I informed that the consultation was chargeable. Even after I reached the office and throughout the consultation, no one informed me that any consultation fee was payable. I noticed a fee board only after the consultation had already started. After the consultation ended, I was directly asked to pay ₹5,500. When I raised that the fee had never been disclosed before or during the consultation, I started receiving repeated WhatsApp messages and around 20 calls. Messages included: "Will talk to police tomorrow for your arrest", "Will send you in jail", "You will be in prison", "Now see the repercussions", "Last warning", and "Nahi dene ki haisiyat hai to bata de." I have complete WhatsApp chats, screenshots and call logs. Please advise whether these facts disclose any criminal offence, harassment or intimidation, and what would be the most appropriate legal remedy.

Advocate Pawan Pal answered
They should have asked the fee before the consultation, if they didn't asked, it is their mistake. If they are intidimating you for paying the fee you can file a complaint under section 351(2) Bhartiya Nyaya Sanhita.