Advocate Raushan

Questions Answered by Advocate Raushan

Q: Quashing Petition Under 482 CrPC

Bail is mandatory before filing a petition under 482 CrPC.

Advocate Raushan answered
No you can file a quashing petition before grant of bail also. Bail is not mandatory before filing a quashing petition. 482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Q: False Case Booked Under IPC 411 And 381

Police file false FIR and imposed 381 and 411.how to get bail and how much time it will take to get bail

Advocate Raushan answered
Kindly provide all the facts of the case with a Copy of the FIR. First of all you have to prefer the bail application before Sessions Judge under section 438 of CrPC for grant of anticipatory bail. If the bail is granted it’s well and good if not you can file the bail application before Hon’ble High court

Q: NOTICE FOR ATTEND IN LOK ADALAT

I have filed a case against my accused u/s 341,323,379,504,506,34 in 29/01/2019 the accused attend the court hearing and he now send me a notice through court to settlement the case in Lok Adalat in September but i know accused is not a good person if i settle the case he will harm me with another way right now what will be the good way to deal with this notice .

Advocate Raushan answered
Do not settle and go for trial in criminal case tell the Presiding Officer in Lok Adalat that you don’t want to settle that’s it. Criminal case will not settle automatically in Lok Adalat if you do not want to settle.

Q: Regarding property sale - want to cancel the deal. Challan submitted.

Dear sirI have given a agriculture land for sale. A person ready to buy and given 75% of money to my father on my behalf. They prepared a sale deed paper and submitted a stamp duty and registration charges to authority. Here he played some thing , and without our consent they passed the property buy to another multiple parties near about 10. And all sale deed was prepared on stamp paper and they obtained the signature of my father as a witness.Then after, All matter came in my knowledge as following.1) 10 sale deed was prepared and valued was written much higher which I am not going to receive it. When I asked they tole this is circle rate which is written.2) we are selling agriculture land but they are mentioning in deed as residential plot.3) They has submitted challan to Tahsildar and paid online the applicable fees.Knowing all above, I refuse the way of registration being done.Now I want to cancel the deal, but they are putting pressure to make sale deed.Pls advise

Advocate Raushan answered
Kindly meet with all the documents so that I can give you accurate legal advice. Even if the challan etc. are submitted the sale has not been effectuated. You can cancel it by giving them a notice. Meet with all the relevant documents so that further steps can be taken instantly.

Q: She Is Married Women Promise Of Marriage IPC 376

The women is married she have a child the matter is false promise of marriage IPC 376 I want to anticipatory bail

Advocate Raushan answered
Anticipatory Bail can be filed but I can advice after going through the available material on record and the entire FIR and status of your case. Come with all the documents so that proper legal advice can be rendered to you.