Advocate Prashant Vaxish

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Questions Answered by Advocate Prashant Vaxish

Q: My 0 FIR u/s 376 & 377 done in Delhi but case has been transferred to Kolkata as first cause of acti

My 0 FIR u/s 376 & 377 done in Delhi but case has been transferred to Kolkata as first cause of action arose there. Kolkata PS calling me to visit them to register the final FIR. Is there a way I can give 161 & 164 statements in Delhi as I don't want to travel so far, plus there are grave security issues? Can the statements be sent to Kolkata by Delhi PS and Magistrate court via speed post?

Advocate Prashant Vaxish answered
Yes The transfer of the FIR can be reverted back to Delhi by seeking the transfer of the case. Your FIR can be brought back to Delhi and can seek protection from the court as well. Please share the entire details of your case for detailed assistance

Q: how to put revision on 156(3) order

i filled a case u/s 156(3) for enquiry on NCR for physical assault inside the police stationJudge called the ATR report. nnJudge saw the injuries in MLC report and ATR report. nnin file order judge mentioned that , no need of any further enquiry in this case as all facts has been revealed. and also mentioned no need of interrogation of accused. nalso mentioned no need to collect any other evidence as per the allegation. nnwhat to do next to convict the accused ?

Advocate Prashant Vaxish answered
Fir needs to be registered for convicting the accused of their wrongdoing. The magistrate may conclude that all the facts are revealed but the fir is a must for a trial to be initiated. A revision should be preferred immediately and a detailed reasoned order for registering an Fir should be passed

Q: A lady put false accusation of 376

There is False accusation of 376 and after the bayan of 164 IO added 376 D also, which is clear cut improvement, one bail got rejected by the session judge which we put after 5 days of the incident, everybody is saying we need to wait atleast for chargesheet only that will get bail in this , and other people are saying it can be settle illegally with the lady only then the person will get outside otherwise not before 2 3 months. What to do , my question is can we get bail ? Or can FIR be quashed in serious allegations like these after compromise? Because that person who is suffering becz of the lady is completely innocent and has not done anything, this is clear cut false accusation , that lady already put a 354 allegation before to another person also , people who are saying it can be settled only outsiders by giving money to that lady , is this true ? What if she changes her mind again after having money , will highcourt not ask the lady why she put a allegation and now settlingbit

Advocate Prashant Vaxish answered
Yes bailcan be sought 376 is a serious offence but it also has its own test to stand in the eyes of law. If the fabrication is attributable then the bail will be given Outside settlement can not make you get rid of trial and consequences. Quashing shall be at the later stage.

Q: wife aggressive nature threanting to suicide

My wife is of aggressive nature. On little matter she starts screaming and throw objects in kitchen. A few time she threatened me to commit suicide by putting knife on her wrist and saying my family will not spare you they will kill you. Once in anger she take knife and rush towards me. I have recorded this incident.I am going through mental harassment. What should I do

Advocate Prashant Vaxish answered
The situation is serious and protection of your life as well as rights is must. Therefore first you should ask for protection from authority and subsequently from court. Please feel free to reach out directly for further assistance

Q: Can i put medical negligence on doctor withour prescription

I had a accident , and i got fracture , so that doctor did the plastering , but my frature was direct surgeical case , so that only plastering leads to more medical complexity when i removed it , which lead to more complex suregry with a expenditure of 5 lakhs, the point is that the first doctor prescription is lost , but i have video as proof of compunder telling that which doctor treated me first time , so can i still go for medical negligence case and ask for compensation in consmuer court , is it possible .

Advocate Prashant Vaxish answered
Yes, you can go for medical negligence. Here the doctor has failed to discharge his duty by misdiagnosing the treatment which further led to complexity. Please feel free to reach out directly for further assistance