Advocate Prasanna Mohan

Questions Answered by Advocate Prasanna Mohan (25+ answers)

Q: Warrant of arrest issued - By Mahila Court

MC court has issued an arrest warrant against accused under Execution application through joint CP, how will the accused be arrested , before NDOH or immediately? Can police hold the arrest warrant as well.

Advocate Prasanna Mohan answered
Issuance of a warrant by the MC Court in an execution proceeding does not automatically mean that the accused will be arrested immediately. Since the warrant has been issued through the concerned JCP, the police may execute it at any time after receiving and processing the warrant.If the accused appears before the Court before execution of the warrant and files an appropriate application (such as recall/cancellation of warrant, exemption, or compliance in execution proceedings), the Court may consider granting relief depending upon the facts and conduct of the accused.The police can keep the warrant pending for execution once it is received by them, and they are empowered to execute the same in accordance with law. However, whether immediate arrest will take place depends upon the manner and urgency with which the warrant is processed and executed.

Q: Defence Evidence struck off after giving 3 months time

The magistrate has struck off the defence Evidence of respondents since they were given the final chance to clear the arrears of interim maintenance (around 3.50 lacs) within 3 months from the date of order but accused stopped appearing in the court , now judge has said case will be on Argument stage and the. Judgment, in this case , do respondents still have any remedy to lead the evidence as they have not followed Court's order and absconded ?

Advocate Prasanna Mohan answered
Yes, the respondents may still have a limited remedy, but it is entirely discretionary and depends upon the satisfaction of the Court. Since the defence evidence has already been struck off for non-compliance of the interim maintenance order and the respondents thereafter stopped appearing before the Court, the Magistrate is fully justified in proceeding the matter for arguments and judgment.However, before pronouncement of judgment, the respondents may move an application seeking:recall of the order striking off defence evidence,reopening of defence evidence, and/orrecalling the matter from argument stage,by showing:sufficient cause for their absence,bona fide intention to participate,readiness to clear substantial arrears or comply with conditions imposed by the Court.That said, merely filing such an application does not create any vested right to lead evidence. Courts generally do not exercise discretion in favour of a party who:deliberately disobeys conditional orders,remains absent repeatedly,evades proceedings, orapproaches the Court only at the final stage after protracting the matter.In matrimonial/maintenance proceedings, striking off defence for wilful non-payment of interim maintenance has repeatedly been upheld by courts. If the respondents have absconded and remained in continuous default despite final opportunity, the Magistrate may refuse reopening of evidence and proceed to decide the case on the basis of the material already available on record.Therefore, legally a remedy exists, but practically the respondents would have to:appear before the Court,explain the entire delay and conduct satisfactorily, anddemonstrate genuine compliance with earlier directions.Otherwise, the Court may reject the request and pronounce judgment

Q: FIR case related to Govt job in cisf SI

Can I get selected in government job, If FIR was filed against me in BNS 115, 127(2), 238(a), 3(5), 351(3) but later in police investigation my name was dropped in chargesheet but case is still pending against 2 co accused. What should I do?

Advocate Prasanna Mohan answered
Yes, in many cases you can still be selected for a government job if your name was dropped during police investigation and you were not chargesheeted. Mere registration of an FIR does not automatically disqualify a candidate, especially when the investigating agency itself found no material against you.Your situation legally appears stronger because:Your name was included only in the FIR initially.After investigation, police did not file chargesheet against you.You are not facing trial as an accused.The case is pending only against the co-accused persons.However, the practical impact depends upon:the specific recruitment rules,the nature of the post (police/defence/judiciary posts are scrutinized more strictly),and whether verification forms ask about FIRs, arrests, or criminal cases.What you should do:Never conceal the FIR history if the verification form specifically asks about:FIR registration,detention/arrest,criminal investigation,or pending criminal proceedings.Mention clearly that:your name was dropped after investigation,no chargesheet was filed against you,you are not an accused before the trial court.Keep these documents ready:copy of FIR,chargesheet showing your name omitted,final police report relevant to you,any court order reflecting that you are not an accused,character verification documents.If any authority rejects your candidature solely because of the FIR despite no chargesheet against you, you may challenge it legally before the High Court.The Supreme Court of India has repeatedly held that:mere FIR or involvement without conviction is not automatic disqualification,suppression of material facts can create bigger problems than the FIR itself,and authorities must consider the nature of allegations and final outcome of investigation.Since your name was dropped during investigation, your case is considerably better than someone who is chargesheeted or facing trial.

Q: Mere husband government employee h.... domestic violence abuse dowry d

Mere husband government employee h.... domestic violence abuse dowry demand sb krte h...ab bolte h muje tujse divorce chahiye....unke friends relatives sb bolte h... iski mental health sahi nhi h... pyscricist k pas treatment bhi chlra h...to kya aisi situation m vo divorce le skte h mujse....aise to mera kya hoga?

Advocate Prasanna Mohan answered
kindly file 498A IPC criminal case against your husband and your in-laws. In 498A accuse him of dowry demand and harassment too. File another sec 12 domestic violence case against your husband and in-laws and also file 125 CrPC case demanding maintenance from your husband

Q: Filling Of Recall Application In Supreme Court Of India

Error of fact and law in supreme court judgement and order on civil appeal . Can be corrected by filling recall application in supreme court. Can I file recall application for recalling the judgement and order passed by supreme court.

Advocate Prasanna Mohan answered
yes please you can file recall application as miscellaneous application. entire order can't be alter, only the part in which factual error can be altered please be very precise and direct to the point in your application