Advocate Prakhar Srivastava

Questions Answered by Advocate Prakhar Srivastava

Q: Case related to posco and section

In victim statement under 164 crpc said mere baal kheech ke dhaka diya aur chedhkhani krta haih... it comes in which offence 354 or 376

Advocate Prakhar Srivastava answered
in victim statement under section 164 of CRPC as mentioned in the treatment of the victim the accused will be dealt with section 354 of IPC moreover case file has to be looked upon total the exact situation of the case mention fact in the question are incomplete

Q: Criminal complaint to magistrate

I want to file a criminal case against a doctor for malpractice. Can I directly file a criminal complaint to magistrate so that magistrate may take cognizance of the matter ?

Advocate Prakhar Srivastava answered
yes you can go magistrate for getting directions from magistrate and getting complaint registered yes magistrate can take suo Moto cognizance depending upon the circumstances and the offence commited

Q: Regarding the process of anticipatory bail

My grandmother had done a sale of a property in which my father is a witness. Declaring the bond as fake, an opponent got an FIR written under non-bailable sections 419, 420, 467 etc., and the case was sent to court? But now when its number came, my grandmother who was the main party has died. Still, my father's warrant was cut, if so how will he get bail, can I get anticipatory bail from the High Court? Can case could be continued after the death of main party?

Advocate Prakhar Srivastava answered
She can apply for surrender bail from Hon'ble Court for that an application has to be moved before the court which jurisdiction and accused has to surrender before Hon'ble Court but that is discretion of Honorable Court give bail or not . while applying for anticipatory bail may or may not provide relief to be accused.