Advocate Pawan Prakash Pathak

Questions Answered by Advocate Pawan Prakash Pathak

Q: Single case, filed under CrPC and IPC, but different dates?

We filed a criminal case. Case under IPC sections were registered on date X while that under CrPC were registered on date Y. Why is it so, when the case is only ONE?And now, what will happen? as their next hearings are on different dates for both IPC and CrPC.What if we want to withdraw this case as we are planning to change our lawyer? Do we need to wait for the longest hearing date among these two?Your kind advice will be highly appreciated

Advocate Pawan Prakash Pathak answered
No don’t wait for either of the dates because it may hamper your case and therefore immediately change your lawyer and then plan a new strategy with lawyer to help you in this case. All the best for your matter. Also share detailed reports of case registered against you for further help.

Q: Need to return token taken for sale of property

HiI had taken a token for a property where the builder gave me 5 Lakhs Cash and 1 cheque of 10 lakhs we had just singed a token (Not registered just on a plain paper).But I did not deposit the cheques as I wanted the agreement to be made first. Now its been two months he is delaying the agreement.I want to return the cheques (not deposited) and cash back to him he is not willing to take them back and saying he will sue me if I sell the property elsewhere.

Advocate Pawan Prakash Pathak answered
One time solution is legal notice and don’t do anything else . You have sent him representations and reminders for agreement but the same time period has lapsed and therefore proceed to issue legal notice without fail. Do not buy this trap of builder that he will sue you.

Q: Father's property issue due to family dispute

For an ancestral property, Aunt of my father had given general power of attorney to my father. He died in 2021 due to covid. Due to some family dispute my mother and I don't wish to transfer that property to ourselves. What should we do to disown the property?

Advocate Pawan Prakash Pathak answered
It was an ancestral property of your father side or some one who has given the POA to your father, both are different cases and in first you have a right to acquire succession certificate and then gift to someone your portion of property and in second case you have no right. POA ends with death.

Q: Regarding Stalking and Cybercrime

Sir my female friend is getting stalked for about past 4 years by a person from her old office in which she is not working. She is getting calls from unknown numbers on daily basis as of now as well. She is scared of getting out of her house these things are giving her mental trauma, and getting slight panic attacks as well she is really upset.She hasn't complained yet because she is scared if after complaining ,the stalker might attack in someway this is the important thing pls advice in this

Advocate Pawan Prakash Pathak answered
File a complaint in her previous office where she was working, sexual harassment complaint is maintainable in her previous office today as well. Or otherwise file a police complaint or other option is cyber complaint. All the best for help.

Q: Posting My number On Someone's Facebook Timeline

My friends' wife threatened him yesterday that she will circulate my number and I'll start getting calls from random people. She then posted my phone number on her Facebook timeline. What are my legal options against her?

Advocate Pawan Prakash Pathak answered
File a complaint and if your case is pending in family court then inform the conduct of your wife to the ld court and if not yet filled then think on this line to get it resolved permanently. All the best