Advocate Ritesh Kumar

Questions Answered by Advocate Ritesh Kumar

Q: धारा 111(4) बीएनएस एनडीपीएस एक्ट (NDPS Act) की धारा 20(b)(i

धारा 111(4) बीएनएस एनडीपीएस एक्ट (NDPS Act) की धारा 20(b)(ii)(B) और 22:शक्तिपद उपाध्याय उर्फ निनि (57) पर किराना दुकान की आड़ में अवैध गांजा बेचने का आरोप है

Advocate Ritesh Kumar answered
NDPS Act के मामले में धारा 20(b)(ii)(B) और धारा 22 के आरोपों में केस की FIR, seizure list, FSL report, sample procedure, conscious possession और Section 50/52A/57 NDPS Act की compliance महत्वपूर्ण होगी। किराना दुकान से कथित बरामदगी मात्र के आधार पर दोष सिद्ध नहीं माना जा सकता। उपलब्ध दस्तावेजों की जांच के बाद CrPC/BNSS के तहत quashing, discharge या bail के उचित remedy और मजबूत grounds पर सलाह दी जा सकती है।

Q: Discharge Cr.M.P IPC section 341,323,504,506

High court jharkhand how to quash Cr.m.p for discharge. Ipc 323,341,504,506

Advocate Ritesh Kumar answered
I can assist you in filing a petition before the Jharkhand High Court for quashing of the criminal proceeding/Cr.M.P. involving IPC Sections 323, 341, 504 & 506. The appropriate grounds depend on the FIR/complaint, charge-sheet, witness statements and the stage of the case. I can examine the records and advise whether quashing under Section 482 CrPC (or the corresponding BNSS provision, as applicable) or another remedy is appropriate, and prepare the necessary petition and arguments.

Q: Can a simple letter can attract posco ?

My bro aged 23 got attracted to a girl 15 ,she looks aged though ,it was started by the girl herself,they rarely talked in presence of her mother few times.my bro was about to leave that place so he gave his number and asked her number & about her feelings, are those real or not ,in a paper and he got replied by a short letter too .the paper got in hands of her father .her mother warned my bro about intention of her husband to FIR upon him .it has been 24 days so far but he fears about posco.

Advocate Ritesh Kumar answered
Dear Client, since the girl is stated to be 15 years old, she is a minor in the eyes of law. Under the POCSO Act, the age of the child is the primary consideration, and consent or initiation by the minor is generally not a legal defence. However, based on the facts shared by you, if the incident was limited to exchange of a note containing phone numbers and there was no physical contact, sexual act, obscene communication or harassment, the exact legal consequences would depend upon the contents of the communication and the evidence available. Your brother should immediately stop all contact with the girl and her family, preserve any relevant evidence, and avoid any action that may worsen the situation. If an FIR is lodged or there is a genuine apprehension of one, consult a local criminal lawyer without delay to examine the facts and take appropriate legal remedies, including seeking anticipatory bail, if legally maintainable.

Q: regarding inherited property dispute

my father got ccl employment from her mother but expired in 2020,now my mother had inherited the ccl employment but dispute occured in my family with respect to division of family property between my uncle and my mother.uncle claiming more parts of the property in compensesion to employment .not allowing us to repair and build a house according to the will decided. i belong to a hindu family.

Advocate Ritesh Kumar answered
Dear Client, based on the facts stated, your uncle cannot legally demand a larger share in the family property merely because your mother obtained compassionate (CCL) employment. Compassionate appointment is a welfare measure provided to the eligible dependent of the deceased employee and is not a joint family asset or consideration for partition. The property will be divided according to the valid Will, if any, or otherwise as per the applicable provisions of the Hindu Succession Act. If your mother has a lawful share, your uncle cannot illegally prevent repairs or construction on that portion. In case of continued obstruction, your mother may issue a legal notice and, if required, file a civil suit for permanent injunction and other appropriate reliefs. Kindly keep all relevant documents, including the Will, title papers, and evidence of obstruction, ready for proper legal action.

Q: U/S 35(2) bnss 2023 ke tahat police ki jawabdehi ke liye

Maine ghatna ki suchna September 2025 me dia tha par ps ne fir nahi kia mujhe sp dgp ke chakar katne pade tab February 2026 me fir hua,abhi chargesheet file ho gai h,to kya session court me fir delay oe liye jimedar police ke khilaf application de shakta hun?

Advocate Ritesh Kumar answered
Dear Client,The delay in registration of the FIR can be explained by producing copies of your complaints made to the SP, DGP, or other authorities. If the delay was due to police inaction and not your fault, it should not adversely affect your case.You may also submit a complaint against the concerned police officials before the competent authority and bring the issue to the notice of the trial court through your advocate.Keep all complaint receipts, acknowledgments, and related documents safely preserved.Disclaimer: This reply is for general legal guidance based on the facts provided. Please consult a local advocate for case-specific advice.