Advocate Rohan Garg

Questions Answered by Advocate Rohan Garg (25+ answers)

Q: How to withdraw criminal case from court ?

How to withdraw a case from court? What is the procedure for the withdrawal of a criminal complaint?

Advocate Rohan Garg answered
A complainant can withdraw a criminal case from court by appearing before the court and making a formal statement expressing their intent to withdraw the complaint. The court will record the statement, and once signed by the complainant, the complaint is officially closed. If the case is a police complaint, the complainant can give a statement to the police stating that they do not wish to pursue the complaint, initiating the criminal case withdrawal process.

Q: Is making phishing page crime ?

I made a phishing page but I am not using it. I made it for some other person. Am I also liable for any crime or punishment.

Advocate Rohan Garg answered
Yes, it will attract provisions of IT Act and make you liable along with the person who engaged you for crating one. You may share more details in a private consultation to seek a more elaborated answer to the issue.

Q: My husband is not living with me

My husband is not living with me. He abandoned me and he also had engagement with another girl. Now he wants divorce from me. But I want to save my marriage. What can I do.

Advocate Rohan Garg answered
If you want to save marriage then you need to file an application in court seeking restitution of conjugal rights, which means that the court will ask him why he does not want to stay with you. He cannot get engaged to another woman while he is married to you. This is illegal and he can prosecuted for this.

Q: Can a proclaimed offender depose an affidavit

I wanted to know that can a proclaimed offender depose an affidavit before any court? Is there any provision that specifically mentions that?

Advocate Rohan Garg answered
If he deposes an affidavit then of course he must appear before the court that has declared him a proclaimed offender. Accused cannot not appear before a court and file affidavits at the same time. I have to see the case file to give a more specific answer in case needed.

Q: Proceedings under prevention of food adulteration how to proceed

How does the court compel appearance of a company? whether a court can proceed ex-parte against a company? How does the court declare a company as fictitious legal entity?

Advocate Rohan Garg answered
Sir, company is asked to enter appearance through company's authorized represenative. The company has to authorize someone and execute a board resolution. If no one appears for the company on multiple ocassions then the court can proceed ex parte against the company. Whether the company is fictitious or not can also be verified from ROC records.