Advocate Raghavendra Mehrotra

Questions Answered by Advocate Raghavendra Mehrotra (25+ answers)

Q: What is the procedure for prosecution under sections 352 and 351(2) of the BNS?

Dear Sir, I understand that in the state of Maharashtra, the police classify offences under Sections 352 and 351(2) BNS as non-cognizable offences, meaning they cannot investigate the matter independently without a magistrate's permission. Could you please clarify: 1) the legal process or procedure that a complainant must follow to ensure the accused is punished in a timely manner, ideally within six months, and 2) whether it is truly worthwhile to invest so much effort, considering that even threats to life involving serious injury made by the accused are not taken very seriously by the police when registering a non-cognizable complaint or offence? Thank you and best regards.

Advocate Raghavendra Mehrotra answered

To prosecute the Accused for the offense u/s. and 352 and 351 (2), after registration of the, NC we have to approach the Magistrate for the appropriate order. The effort are worth or not would completely depend on the facts of the case which needs to be studied.

Q: What is the procedure for prosecution u/s of IPC 504, 506 ?

Dear Sir, I understand that in the state of Maharashtra, police register offenses under IPC 504, 506 as non-cognizable offenses, i.e., the police on their own can't investigate the matter without the permission of the magistrate. Please let me know:

1. The legal process/procedure that the complainant will have to follow so that the accused person is punished in a reasonable time, i.e., within six months.
2. Is it really worth putting in so much effort, because even a threat to life by causing serious injury given by the accused is not taken very seriously by the police at the time of registering the IPC 506 non-cognizable complaint/offense?

Advocate Raghavendra Mehrotra answered
To prosecute the accused under IPC 504, 506, after the registration of the non-cognizable complaint (NC), you will need to approach the Magistrate for the appropriate order to proceed further. Whether the effort is worthwhile depends entirely on the specific facts of the case, which need to be analyzed carefully before proceeding. If the intimidation under 506 IPC is severe, additional legal provisions may be applicable to strengthen your complaint.

Q: Recovery of flat maintenance from non member

In our society one flat is not registered and that flat occupier who is non member of our society had not paid his flat maintenance to society for last 3 years. We want to take legal action against him. So after how much time period we can take legal action against this non member.

Advocate Raghavendra Mehrotra answered
The question that need to be answered firs on what basis your society has allowed a non member to reside in the society. the recovery proceeding can be initiated after issuance of appropriate demand notices. Kindly consult me or ant other Advocate for detailed discussion as the perusal of the documents will be required.

Q: Clarification regarding quashing of FIR

My wife filed FIR against me and my family Sections are 498a, 420, 406, 448, 323, 504, 506, and 34, Now i am worried about my Job and security, She has written all false allegation now My advocate submit the application for bail. Now I am worried what should I do and what is procedure to cancel the FIR.

Advocate Raghavendra Mehrotra answered
I would advise you to mutually settle the matrimonial dispute and thereafter we can approach the Hon'ble High Court for quashing of the FIR. For detailed discussion and clarification you can contact your advocate or me.

Q: What to do when husband forces to leave the house

My husband is forcing me to leave home.If i left house with my luggage then he complaint in police station that i have stolen something or ran with someone or he showed that he tried a suicide attempt. In this case what should i do?

Advocate Raghavendra Mehrotra answered
you need to discuss your case after explaining the complete facts and handing over the papers of the case so that appropriate legal advice can be given to you. Also kindly share whether any legal proceeding pending