Advocate Peeyush Bhatia

Questions Answered by Advocate Peeyush Bhatia

Q: Quashing of FIR effects criminal record for govt. job

If an fir is quashed on grounds of settlement ..does that make one vulnerable for prestigious govt services like ias? one of my lawyer friends says so that settlement proves that you have done something wrong and thus it is a question mark on your character.as these prestigious services hold a very strict discipline they do not allow any one like this to join the service. am preparing for upsc and have an f.i.r against me however am not the real accused and was unnecessarily dragged into the entire incident.now the complainant has understood my concern and she has given her signature on the affidavit that says she does not have any problem with my quashing of f.i.r. (settlement ) however now am concerned that approaching the court on grounds of settlement and getting the fir quashed may hamper my future employment due to above mentioned concern. in this case even though the subject was acquitted the employment was not offered. 

Advocate Peeyush Bhatia answered
Hello sir,It is just an excuse and high court quashes an FIR only when it seems fit to do so. Once the FIR is quashed no one can say that your record is not clean. Don't worry study properly and crack the exam. Good wishes.

Q: Cross examination in defamation against wife

My wife has already submitted her affidavit, and has been examined. Now its my turn to be examined. Can she bring up some new facts, which she has hidden till now and not mentioned in her affidavit, exhibits or witness. Can she now prove the authenticity of those documentary evidence or facts? I fear that she has some of my handwritten documents of about 7 years back and may misuse them to falsely prove some kind of defamation against her, so that she gets the divorce degree with ease. 

Advocate Peeyush Bhatia answered
Sir there is a difference between criminal law and civil law, in civil law you draw your boundaries through your plaint but in criminal law you can go beyond what is written in affidavit or in your petition, so yes she can bring whatever she wants.

Q: Preventing a central govt employee to apply for Group A jobs 14 yrs

I a JE in BRO joined with DCE. Now a AMIE, GATE qualified, M.Tech (while in service passed). Issue is, I am not allowed to apply outside throup dept channel citing shortage of JE in BRO. NOC also denied to the came 7 GpA jobs since 2002-06. Then a BAN imposed on outside job applns. I field a case in HC-Ghty for NOC to Scientist post in DRDO in 2015. I got order yesterday. Is it possible to ask BRO to compensate losses to me... Office HQ at NDelhi... Hence advise...

Advocate Peeyush Bhatia answered
Sir if you have appeared and passed the exam and than also will be not allowed to join than the circumstances would have been different and you can ask to compensate for losses, lawyers never say no to anything as they extract fees. Nevertheless than late do the good work and put your energy in right direction now. I am sorry for your losses but the relief you are asking is not easy to get. It is advisable to let the things go.

Q: Govt official helping contractor by illegal means to make profits

Helping contractor by illegal means to make finencial loss to government and finencial gain to contractor and himself by a public servant using his powers (post) comes under which Act/Section/Rule/law

Advocate Peeyush Bhatia answered
Hello sir,This is an offence under Prevent of corruption act and 409 IPC as well. You can report the offence with anti corruption bureau or gather evidence and post it to the commissioner of police if you donot wish to disclose your identity.These days the Government is strict about the corruption laws you, wish and hope that this practices will be put to an end by vigilantes like you. Keep the good work.jai jind.

Q: How to file FIR for lost pen drive containing information

sir/madam my pendrive was stolen by somebody unknown 15 days ago. it contains soft copies of photo, signature,thumbprint of myself and my friend. i want to lodge an f.i.r with the police.what can i do so that both of us are ensured protection. my friend is not willing to visit police. can i file fir on behalf of him? or the fir which i lodge mentioning the lost information of my friend will ensure protection for him too if some one misuses that information...please do help me...i am very much worried

Advocate Peeyush Bhatia answered
I can understand your concern, and am happy to share with you that Delhi police have an application which is available by the name "Delhi police one touch away" you can report your fir via that as well or there is nothing to worry go to your local police station and Lodge an FIR.