Advocate Rahil Kochar

Questions Answered by Advocate Rahil Kochar (25+ answers)

Q: help me agt 22c case what i will do.

Sir mai Raipur me transport me kam karta hu mere pas 1 cartoon aaya tha jisme 100 dibba nitroten tablet tha 1 saal se party ne mall liya nahi tha hua kya ki cartoon khol ke hamare yaha labour ne 2 bibba nikal liya khud bhi khaya aur bech bhi diya jisne khaya tha usko police walo ne pakad liya aur hamare transport me laya fir hamne unko maal ka bill diya lekin bill ferji tha uske baad hamari transport ke 5 logo per case bana diya ki hum log maal bechte hai .Sir bataye hum log kya kare

Advocate Rahil Kochar answered
You will have to move an application under section 488 of CRPC before the learn it lower court and then if the learn it lower court rejection bill application then you'll have to challenge that impugned order under section 438 of CRPC before High Court with duly affidavit petition that There is another alternative which you have if you have already moved an application under 438 and the learn it lower court or High Court has granted anticipatory bail to you then you can move an application under section 482 of CRPC for the crash front of the fire saying that you have been falsely implicate it in the present case and the other grounds whichI can tell you after going through your charge sheet

Q: WHAT IS THE PROCEDURE OF ADOPTION

Hi, I have 3 child, 2 male 1 female. Due to some reason sister of my monther (My Mausi), wants to adopt my child (eldest among -3, girl child). This was decided before her birth and "a stamp paper was bought" befpre her birth for the same, but no registration was done. Now, we both me and my mausi want to register this adoption. My question is, 1. Can she adopt my Child? 2. what will be the effective date of this adoption. (i.e., date of old stamp paper, or date of registry of adoption)

Advocate Rahil Kochar answered
Hell, Yes she can adopt your child in the first place and the effective date of adoption will be from the date of adoption, I-e from the date of registerstion of the adoption deed, The Rules/regulations have been changed for adoption after the instructions made on this behalf by the Apex Court. Now the rules /regulatons are as follows : Procedure For Incountry Adoption: Stage I Prospective adoptive parent(s) should register themselves with the local RIPA/LAPA or Adoption Coordinating Agency or with the State Adoption Cell. Stage II A home study report of the prospective adoptive parents will be prepared by the social worker of the Agency. To allay the fears and apprehensions of the prospective adoptive parent(s), pre-adoptive counseling sessions will be undertaken by the social worker during the preparation of the home study report. Assessing the ability of a couple to parent a child not born to them is of crucial importance in a successful adoption. Therefore, their suitability to care for an unrelated child is assessed through this home study and counselling. Documents relating to the financial and health status of the prospective parent(s) will be part of the Home Study Report. In case of Inter-State adoption applications by parent(s), they will be accompanied by Home Study prepared by a qualified social worker working in a RIPA/LAPA. Where State Govt.’s have officially delegated such work for its Officials, the Home Study Report could be prepared by the concerned Official. Criteria for eligibility of parent(s) will be adhered to, as stated in Para 1.1.7. The Agency will make a suitable reference from amongst the admitted children legally free for adoption. If no suitable child is available, the family will be referred to the ACA. Stage III After a Home Study has been accepted and approved, a child will be shown to the parent(s). The agency will take care to match a child meeting the description, if any, desired by the parent(s). In case of placement of older children (above the age of 6), both written and verbal consent of the child will be obtained. Stage IV Once a successful matching has been done, the agency will file a petition in the Court/JJB for obtaining the necessary orders under the relevant Act. The above process will normally be completed in 6-8 weeks. Adoption Act The child can be legally placed with the parent(s) under HAMA/GAWA/JJ-Act 2000. The prospective parents should be informed about the different Acts available and the ramifications of each one. It would be left to them to decide as to which Act they would like to file their petition under, provided that they are eligible to do so under the chosen Act. As stated above, the prospective parents must be made to fully understand the status of their adoption under each Act. Follow up visits Once an order has been issued, it should be followed by regular follow-up visits and post adoption counseling by the social worker till the child is adjusted in the new environment. The follow up should preferably be for a period of one year at-least or as directed by the Court/JJB. Copies of the follow-up reports will be sent to the District Social Welfare Officer/concerned State Government Department, concerned Scrutiny Agency and the Court/JJB from where the order was obtained.

Q: can i able to apply for govt. job if the case is going on in sec 506

hello sir , i am ask that my age 27 and i am civil engineer in private company . recently i filed under case of ipc 509 and i get bailed under ipc 506 now i am trying for govt. jobs so please tell me about that can i am able to attend govt. jobs exam and in future or it while be problem for me. that next party comes to compromised with me in it .but ASI was not listing both of them.

Advocate Rahil Kochar answered
Hello, Thankyou for writing to me, A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges, Since You are facing the criminal trial, You are not free from the charges against you, Make sure You are acquitted from the criminal charges against you, In case even if you are selected for the respected jobs , Later down the line, if anybody puts a objection, You may have to face trouble.