Advocate Pratyasish Mohanty

Questions Answered by Advocate Pratyasish Mohanty

Q: File of Promotion case after considered & rejected from authorities

Can I file case in supreme Court along with chalenging a previous cas in High court

Advocate Pratyasish Mohanty answered
Yes. You can but it is required to see which order has to be challenged. But definitely it can be challenged before the Supreme Court. If it is a high court’s order, it can be filed before the Supreme Court.

Q: Drink and Drive Case in Cuttack. Seize of vehicle. Need release

Hello Sirmy bike is seized in a drink and drive case. FIR is also registered. what to do now. i want the release of my bike.

Advocate Pratyasish Mohanty answered
Given the facts you have stated, you are seeking release of your vehicle from police custody. If it is a simple case of drink and drive, one can go to the Court with his counsel and compound the offence by paying necessary fine and close the case.

Q: Arrested for exporting 6kg ganja.

I had gone hail for exporting 6kg ganja and I am got bail 1.5 year ago.there is not any notice from court to stten the trial still now. My question is if I will not guilty or if my case will dismissed due to lack of evidence or etc, can I able to get job ? Plz sir reply me

Advocate Pratyasish Mohanty answered
Normally, acquittal cleanses the criminal record you have. So, in case the trial commences and you are acquitted from all charges, then the same order may be highlighted by you while seeking employment opportunities in future

Q: Illegal colum 2 change by Tahasildar and RI

upon hearing from the learned counsel of both the sides , it is felt proper to dispose of the writ petition finally at this stage giving liberty to the petitioner to approach the common law forum for filling of the civil suit for establishing their right , title and interest over the case land also to challenge the R.o.R prepared in favour of the opposition. Party Nos 4 to 11 on the basis of the order passed in mutation case No . 1400 of 2021.Highcourtka writ petition reply aya hai pls suggest

Advocate Pratyasish Mohanty answered
As seen from your query, it seems that the High court has disposed of a writ petition with a liberty to file appropriate application before appropriate forum. As given the facts, it is advised that you have to challenge the wrong recordings in the ROR before the appropriate forum. That can be done before the Civil Court or before the appropriate authority given the factual details of the case. For that you might require assistance of an advocate.

Q: Guidance on Affidavit & Party-in-Person Filing in Sec.125(3) CrPC

I am Respondent in a Sec.125(3) CrPC execution case at Berhampur Family Court. I’ve paid full maintenance and want to submit an affidavit with proof. As I live in Ahmedabad, I cannot appear personally and prefer to file Party-in-Person. Can I send the notarised affidavit with annexures and a Party-in-Person application by registered post to the Court, with a copy to the opposite advocate? Is there any prescribed format under Odisha GROC?

Advocate Pratyasish Mohanty answered
As flows from your query, you stay outside Odisha and you want to file affidavit along with proof of payment. It is your right that you may appear without a counsel and in person. But given the situation you are in, it is advisable to hire a counsel and accordingly, he will appear on your behalf and file the affidavit and the documents, which would exempt your appearance from the Court. But it will not be appropriate to post the documents to the Court as your presence will not be there to explain the documents to the court which may incur adverse action against you by the court. Your absence may create more legal issues before the Court.