Advocate Rishi Kumar

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Questions Answered by Advocate Rishi Kumar

Q: Anticipatory bail in 498A, when NBW issued without BW or Summons.

Hi,nThis is a simple 498A case without any evidence, High court rejected stating custodial interogattion is required,however the anticipatory bail was dismissed by the apex court again in a silent order but however while the case was pending in the apex court the police filed the chargesheet(complete).Now the thing was in court. In the mean while nothing happened and the court didnt give us any summons, no BW nothing. All of a sudden we came to know the court has issued NBW without SR report of Summons or ER of BW cause they were never issued in the first place may have been ordered. What are the chances of Anticipatory bail as I never recieved any intimation to appear infront of the court and no address change has been made in my residence either and no other sections of IPC has been mentioned as well.

Advocate Rishi Kumar answered
share Details ; prima facies it's seem there is some conclusive evidences on basis of which Hon’ble High court refer for custodial interrogation; now we have see the chargesheet on basis of which further course of action will be decided.

Q: Need justice for my autistic child as she is unable to express

My daughter is autistic. Yesterday one of my colleague came to my door and started abusing for plucking of 2 flowers frm his garden by my daughter, although in response he had already broken my several plants. Not only that he also threatened for future. And said it is your ill karna that your daughter is mentally unstable. Keep her tied inside your house. Me and my wife is very disturbed since then . What legal steps can be taken to teach a lesson and punish such mean mentally person.

Advocate Rishi Kumar answered
Definitely he should be punished for his inhuman behaviour! Provide me all details, for detail help because its serious offence against the Girl child, NCPCR role is also there! Further it also covers provisions of Indian penal code

Q: Fir is filed on my husband because of a property dispute

My question is we live in uae and my husband applied for his passport renewal on October from here as it was expiring on Feb next year with all his documents correctly. There is a long property dispute going on in his hometown for so many years btw there family so even after all this police clear the verification from there side told by our relative there but now we got call from consulate that there is fir on him so due to this they are not able to issue passport... Although he has no involvement in all this issue as we living here uae from so many years... How should we solve this issue please guide us

Advocate Rishi Kumar answered
Definitely you need a clear clarification and further verification for renewal of an Passport; they had rightly refused the Renewal as per the relevant provisions and law ; the remedy lies with the court - contact with all details

Q: Case of 406 Criminal Revision is pending before Sessions Court

A criminal revision is pending before the Session's Court Chandauli, CJM court has coverted the application under 156(3) into COMPLAINT case, summoning the accused under IPC 406.Now from the date of filing the revision and the counter application by the said accused, the judge or court has not listened the matter , only next date is given ,one year is about to end, no relief the matter got stuck from the last one year. I am asking for any relief from the High Court or session court to get some progress in the matter.

Advocate Rishi Kumar answered
As you had mentioned about pendency of criminal revision at session court Chandauli; and matter is not listed as per your statement- in these conditions you could approach high court for expediting the matter ! contact with all details

Q: Child custody for 3years old son as father is forcing the mother to ab

I m dentist,42,my husband is top management position in mnc company this is our second màrraige nWe have a 3years old son n m pregnant with four months .my husband is overtly abusive verbally n rude n very dominating nHe has been forcing nw to get an abortion done since last three days that y m planning to file a divorce case nI m presently not earning wellln he is earning well nWat chancse are there for me to have custody of my 3 years old son

Advocate Rishi Kumar answered
your child too small ; further he couldn't force you to get an abortion; relevant provisions under Indian penal code deals against this , you could file complaint at any of the forum available for Matrimonial disputes ;you are comfortable with -