Advocate Rachit Gupta

Questions Answered by Advocate Rachit Gupta

Q: Legal Advice Required – Counter FIR / Second FIR and Police Action”

A case was registered against the opposing party on July 31, 2026, under sections 115(2), 323, 504, 76, and 109(1) of the BNS; two individuals were arrested in this matter and subsequently released on bail. That same party then filed a case under Section 56/3 in the CJM court, prompting us to file a case under Section 340 against them, regarding which the police had submitted an investigation report. However, on August 31, 2026, the opposing party registered a case against us at the police stati

Advocate Rachit Gupta answered
In respect of second FIR which is registered against you, you have the option to file petition for quashing of FIR before concerned High Court. However, interference by High Courts in FIR is not much so the other option is to join investigation in the FIR and try to get closure report filed by police...

Q: Car exchange dispute: Dealer not transferring RC; seeking legal notice

In December 2025, I handed over my car in exchange to an authorised dealership inNoida during purchase of a new car. Even after 10 months, the dealership has not transferred the RC to an end-buyer or updated dealer custody . The vehicle remains registered in my name, exposing me to third-party civil, accident liabilities.i have copy of stamped delivery note signed by the dealership detailing vehicle particulars and Multiple official CRM emails from the dealership confirming that they have vehicl

Advocate Rachit Gupta answered
If the dealer has promised somewhere in writing that they shall handle the RC transfer process, you can file consumer case against them for committing deficiency in service and seek compensation accordingly

Q: file writ petition for incorrect dob in high school

i want to file writ petition for correcting dob in high school

Advocate Rachit Gupta answered
Yes you can file writ petition for correction of DOB in High School marksheet and when you file the writ, court will most likely direct you to file representation before the concerned authority who will then decide your representation

Q: Bnss 126135 ki dhara santi bhang parukdama hona

Sir mere upper dhara 126/135 lahi hai police ne virodhi party k khne par mere upper santi bhang ki dhara laga de .sir mere uper se dhara kaise hategi maine kuch nhi kiya jhootha aaraop laga hai halke k daroga 5000 mamg rahe the nhi diya to dhara laga di

Advocate Rachit Gupta answered
कुछ परिस्थितियों में 126/135 के नोटिस को हाई कोर्ट में चुनौती देते हुए हाई कोर्ट से रद्द कराया जा सकता है, इसकी नोटिस जो आपको मिली है किसी वकील को दिखाइए तो वो बताएगा कि हाई कोर्ट में चुनौती देना आपके लिए बेहतर विकल्प है या फिर नोटिस का जवाब संबंधित मजिस्ट्रेट के सामने सबमिट करना ही ठीक है , आपके जवाब के आधार पर मजिस्ट्रेट चाहे तो ऑर्डर पास करते हुए केस को खत्म कर सकता है या फिर जवाब संतोषजनक न पाये जाने की स्थिति में आपसे बॉन्ड भरवाया जाएगा

Q: School commercializing my daughter' photo

My daughter's picture is being used for advertisement by her school for the last 5 years, because she was topper in Intermediate. I don't remember signing any document authorizing publishing her photo. They never invited my daughter to the school at a public event to congratulate her or honor her achievement but now they are commercializing her photo and earning lots of benefits from it. How can I sue them in India?

Advocate Rachit Gupta answered
Schools are generally kept out of the purview of Consumer Protection Act, so you cannot file a consumer case here in my opinion...the only option that seems feasible for you is to file a civil suit against the school seeking permanent injunction against unauthorised use of your daughter's details..you can also evaluate filing a complaint to the local DIOS i.e. District Inspector of Schools.