Advocate Prabu S

Questions Answered by Advocate Prabu S (25+ answers)

Q: Law towards right for women and to protect women

A person had blackmailed me exploited me in name of love and a fake relationship used me abused me verbally and physically and now framing and defaming me after getting hefty some of money by blackmailing and now telling that he would seek protection of law will it be applicable to him under indian law ?

Advocate Prabu S answered
Blackmail is a serious conduct and may tend to be more disturbing when it is exercise in the context of close relationships. There are many provisions in India aim at the prohibition of this form of coercion guaranteeing protection and legal redress to people who are being blackmail in the course of their relationship. In the event that you find yourself in such a position, it becomes important for you to know your rights in the law.Blackmail in Relationships: AboutBlackmail is the act of coercing someone into taking an action which they are not willing to engage in by threatening to expose sensitive information, tarnish their character, or harm them physically. This could involve economic coercion, threatening violence, or even engaging in the disclosure of private information such as images or messages within a romantic context. Blackmail also interferes with the victim’s healthy relationships and causes emotional and psychological distress by taking away the equilibrium in such abusive relationships. Blackmail is actually punishable in a number of laws in India, and citizens can avail themselves useful protective and restorative measures. Below are the available legal means of dealing with the crime of blackmail and what the victims can do about it.

Q: Case details I have nothing to do with this case. They wrongly arreste

449(2 counts) 506(I) and us 5(l) r/w6 enakkum intha caseukkum entha oru sambantham illai ennai arrest Panni 3months jail ah pottanga ippa enakku 5 years la and 3 years la 2 sons irukkanga intha case pathi na terinjikkanum enak help venum plz sir

Advocate Prabu S answered
Yes, an FIR (First Information Report) can be quashed by a High Court in India under Section 482 of the Code of Criminal Procedure (CrPC). This power is used to prevent abuse of the legal process or to ensure the ends of justice are met. The High Court can quash an FIR if the allegations are baseless, if the parties have amicably settled the matter, or if continuing the proceedings would be an abuse of the judicial process. The criminal prosecution and the Criminal Trial is set into motion with filing of FIR. FIR is lodged by a victim or a complainant under section 154 CrPC [173 BNSS] or Section 156(3) CRPC [S. 175 BNSS] or Section 200/202 CrPC.The police investigate the FIR and file charge-sheet if the charges in the FIR are proven to be correct. If the person named or not named in the FIR is aggrieved, and finds that the Fir is abused of process of law, the CRPC (BNSS) provides for seeking remedy to get it quashed.The court, in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), refrains from determining the credibility of a witness's statement. This responsibility falls within the purview of the Trial Court. Therefore, applicants are advised to raise such matters during the framing of charges when the court takes up the case.

Q: Builder Fraud, took money promise to sell but sold to other party

Dear LawyersA builder took money and promise to sell apartment in Chennai, but sold to another party and I want to file case against him in consumer court, found fraud on 27-10-2023, (I paid till Dec 2020) the builder refused to refund, and I am still chasing via CM-Cell and he plays through local police which they close every complaint, don't want to file Civil court, any option Private Complaint? Please Advise!! over 1 year I am out of station and find difficult to recover amount Rs.15 Lakhs

Advocate Prabu S answered
A private complaint is a legal mechanism that allows an individual to directly initiate criminal proceedings in a Magistrate's Court, bypassing the need to go through the police. The Magistrate then examines the complaint and, if sufficient grounds exist, takes cognizance and proceeds with the case. The High Court can intervene in such cases, for example, to quash a complaint if it's deemed malicious or frivolous. private complaint, when filed before a magistrate, can be handled under either Section 156(3) or Section 200 of the Criminal Procedure Code (CrPC). Section 156(3) is used at the pre-cognizance stage, when a magistrate directs the police to investigate a complaint before taking cognizance under Section 190 or 200. Section 200, on the other hand, is used when the magistrate takes cognizance of the offence and proceeds with the examination of the complainant and witnesses.

Q: Cheque Bounced | Can my father file a case on my behalf

I lead money to my friend and he gave cheque to encash for money. The cheque has bounded and when asked he is not responding. I need to file a case against him in the court but i need to travel abroad for the work , so I can’t be in India to file the case. Can i give authorization to my father to file the case and appear / run the case & get judgment ???

Advocate Prabu S answered
If you are abroad and have filed a cheque bounce case in India, you need to ensure you comply with all legal requirements and understand your obligations. You can either authorize someone to represent you in court or, if it's a serious case, consider engaging a local lawyer in India to handle the legal proceedings on your behalf.

Q: NO ACTION BY POLICE SINCE 1 MONTH

I was assaulted by neighbour and he caused physical injury.Its past 1 month but police are not taking action. They are saying that they are so busy, they are not able to deal with the case Even escalated to AC. Still no result.How to know if police are speaking the truth and how to punish them?Also they gave made it an L&O case, rather than a criminal complaint.

Advocate Prabu S answered
Section 156(3) of the Code of Criminal Procedure (CrPC) empowers a Magistrate to direct the police to investigate a cognizable offense. This section allows a Magistrate to order an investigation into a matter where an individual has filed an application or complaint alleging the commission of a cognizable offense, even if an FIR has not been registered by the police. On the other hand, Section 482 of the CrPC grants the High Court inherent powers to ensure the proper administration of justice and prevent abuse of process, including the ability to quash FIRs or criminal proceedings.