Advocate Qausar Khan

Questions Answered by Advocate Qausar Khan

Q: Murder attempt case at uttam nagar Delhi

I would like to loge a complaint about an serious incident hapenned in Uttam Nagar last Sunday night My brother Manoj Raja was brutally attached by 6 people and he has been left on road side with broken leg & severe injuries all over by the people who have hit him with: It has been 8 days, police have taken statement from my brother and they have seen video footage but no actions so far.

Advocate Qausar Khan answered
You should first follow up with the local police for a written update on the case. If they remain unresponsive, escalate the matter by filing a complaint with the Senior Superintendent of Police (SSP) or Deputy Commissioner of Police (DCP). If the delay persists, consider filing a complaint in court for swift action.

Q: Inspection Of Emplyee Folder Under RTI Act, 2005 - reg.

Am I, who is a dismissed industrial workman of a CPSE, entitled to seek inspection of the employee folder maintained in the CPSE concerned under the RTI Act, 2005?

Advocate Qausar Khan answered
Yes, as a dismissed industrial workman of a CPSE, you can seek inspection of your employee folder under the RTI Act, 2005. The Act allows access to personal records maintained by public authorities, including CPSEs. While employee records are generally not exempt from disclosure, certain sensitive information may be withheld under Section 8. You can file an RTI application with the CPSE’s Public Information Officer (PIO) to request inspection of your folder, subject to applicable exemptions.

Q: Contempt of Court filing in lower court

Please let me know if contempt can be filed in lower/subordinate court. And if yes, under what section of Contempt of Court Act, 1971 can it be filed? Any judgements which say so will be helpful.

Advocate Qausar Khan answered
Contempt proceedings cannot be initiated directly in a subordinate court. Under Section 10 of the Contempt of Courts Act, 1971, the High Court has the power to punish contempt of subordinate courts. So, if contempt occurs in a subordinate court, the appropriate action is to file a petition in the High Court having jurisdiction over that court. Subordinate courts do not have the authority to initiate contempt proceedings themselves.

Q: can we submit Criminal proceedings barred by limitation in MM /JMFC

JMFC issued a summon for a 4-year-old alleged incident In MM court, under which section, should the application for criminal proceedings barred by limitation act 468(2)(c) be submitted?do I need to submit the application in session court or shall I first try in MM court? to stop the beginning of the trial as the court can not take cognizance of the chargesheet filed after 3 years in the 498a mattershall i submit application u/s 25(2) to review the summon order

Advocate Qausar Khan answered
To address this issue, you can submit an application under Section 468 of the CrPC, which deals with the bar to taking cognizance of offences after the lapse of the period of limitation. As per Section 468(2)(c), if the offence in question is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is three years.In your case, the alleged incident is four years old, and if the chargesheet was filed after three years in a 498A matter, the trial court (MM court) cannot take cognizance of the offence due to the limitation under Section 468. You may also consider filing an application before the same MM court, bringing up this issue.As for submitting an application under Section 25(2) of the CrPC, this is typically related to the revision of orders by Sessions Courts. Hence, you can approach the Sessions Court with a revision petition to challenge the summons order, but only after exhausting remedies before the MM court.

Q: More than 100 students seeking help regarding recent recruitment issue

Recently, more than 100 students got affected by the result released by the DSSSB recruitment board in the tier 2 descriptive exam at JJA Delhi district court. We have strong evidence that something was not right regarding cheating and not following the instructions by the board; they are also not giving correct information in RTI filled by students denied for descriptive answer sheets. Please help; we can't afford the huge fee of advocates right now. Most of the students come from SC/ST/OBC/EWS

Advocate Qausar Khan answered
You can file a writ petition in the Delhi High Court to challenge DSSSB’s actions, especially given the evidence of cheating and misrepresentation. Since the students belong to SC/ST/OBC/EWS categories, this could be argued as a violation of their fundamental rights . I can assist with the petition. Feel free to reach out for detailed assistance.