Advocate Raviteja Sharma

Questions Answered by Advocate Raviteja Sharma

Q: False SC ST Case filed by tenant upon demanding rent

False SC ST case has been lodged in the year 2022 on me and my father. Tenant (Open Land) was running a cloth dying business, tenant was not paying rent, and constructed some sheds on my land, those sheds were in abandoned and become place for anti social elements. Upon enquiry we got to know that pollution board has given closure letter of this dying industry in the year 2018 for the reason of no proper wastage water treatment for this plant. However tenant filed case that we damaged plant.

Advocate Raviteja Sharma answered
This is a classic case of misuse of criminal proceedings to retain illegal possession of property. The appropriate remedy is to approach the High Court with a quash petition under Section 482 CrPC (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since the industry was officially closed in 2018 by the Pollution Control Board, the allegation in a 2022 FIR regarding “damage to the plant” is a factual impossibility. A certified copy of the closure order is strong government evidence and is usually sufficient for the High Court to exercise its inherent powers.Courts have consistently held that the SC/ST Act cannot be invoked to settle civil landlord–tenant disputes. The High Court will examine whether the alleged incident occurred in public view and whether it was motivated solely by caste, which appears absent here. Parallelly, you should initiate eviction proceedings, seek an injunction to restrain illegal construction or third-party rights, and claim mesne profits for unlawful occupation to fully protect your property rights.

Q: Section 309 & sec 257 crpc as first appearance after 7 months

Dear Legal Experts,I seek guidance on a procedural matter involving delayed court proceedings.Case Summary: Offences: Section 420 & 406 IPCStage: Chargesheet filed, CC number generated, Issue: First hearing scheduled 7 months from nowConcern: Accused is a bank employee who may change jobs; notice sent to bank branch only, no home address availableMy Queries: Can Section 309 or 257 CrPC be invoked pursued after CC number generation, Any other remedies Pls help.Regards, SR.

Advocate Raviteja Sharma answered
To expedite the first hearing, an Application for Early Hearing (Advance Hearing) should be filed before the learned Magistrate, clearly stating that the seven-month delay poses a real risk of the accused absconding or relocating due to the transferable nature of their banking employment, which may impede effective service of summons and delay justice; since Section 309 CrPC applies only to adjournments during an ongoing inquiry or trial and Section 257 CrPC relates solely to withdrawal of complaints, neither provision is applicable at this stage, and therefore the request must rest on the Magistrate’s inherent discretion guided by the constitutional guarantee of a speedy trial under Article 21 of the Constitution of India; simultaneously, a request should be made to the Investigating Officer to place the accused’s permanent residential address on record to ensure continued and effective service of summons even if the accused changes employment or place of posting.

Q: Section 309 & sec 257 crpc as first appearance after 7 months

Dear Legal Experts,I seek guidance on a procedural matter involving delayed court proceedings.Case Summary:• Offences: Section 420 & 406 IPC. Current Stage: Chargesheet filed, CC number generated• Issue: First hearing scheduled 7 months from now. Concern: Accused is a bank employee who may change jobs; notice sent to bank branch only, no home address availableMy Questions: 1.Can Section 309 CrPC or 257 CrPC can be filed to expedite for early First Appearance date ?2. Any other Remedy ?SR

Advocate Raviteja Sharma answered
To expedite the first hearing, an Application for Early Hearing (Advance Hearing) should be filed before the learned Magistrate, clearly stating that the seven-month delay poses a real risk of the accused absconding or relocating due to the transferable nature of their banking employment, which may impede effective service of summons and delay justice; since Section 309 CrPC applies only to adjournments during an ongoing inquiry or trial and Section 257 CrPC relates solely to withdrawal of complaints, neither provision is applicable at this stage, and therefore the request must rest on the Magistrate’s inherent discretion guided by the constitutional guarantee of a speedy trial under Article 21 of the Constitution of India; simultaneously, a request should be made to the Investigating Officer to place the accused’s permanent residential address on record to ensure continued and effective service of summons even if the accused changes employment or place of posting.

Q: False promise of marriage filed on me by a married women

I'm a probationary police constable during this period I made extra martial affair with a married women I'm unmarried.After a quarrel with her husband she filed a complaint on me that I have promised her for marriage but I have not done it. They were not divorced. I lost my job because of probation period. Any legal remedies sir?

Advocate Raviteja Sharma answered
If an FIR is filed, you may approach the High Court under Section 482 CrPC / Section 528 BNS seeking quashing on the following grounds:No Deception: She was aware of her own marital status; hence, there was no deceitful inducement.Abuse of Process: The complaint appears to be motivated by vengeance or filed as an afterthought after a dispute.No Prima Facie Offence: Even if the allegations are accepted as true, no offence is made out, since a promise to marry a married person has no legal recognition.

Q: Quash for fIR from outside india

We live outside india and can we file a quash from outside indiaQuash for fIR against BNS 85 which is allegedly a fraud case.

Advocate Raviteja Sharma answered
Indeed, it is possible to initiate a quash petition in India by engaging the services of an advocate, even if you are unable to personally attend. You have the option to proceed with the quash process.