Advocate Rohit Ranjan Sinha

Questions Answered by Advocate Rohit Ranjan Sinha (25+ answers)

Q: Accused u/s 498a IPC be arrested on the day of 498a first hearing

Hi Court has taken cognizance of the 498A case and issued a summon to appear on 12th of June. my fear is when I appear on the date of Summon on 12th of june. Will i be arrested by Police. I am also applying for an anticipatory bail in the mean time. My question is if the bail gets rejected and I appear on the 12th of june. Will i be arrest in 498a ?

Advocate Rohit Ranjan Sinha answered
Dear Sir/MadamIt's the court of Judicial Magistrate takes cognizance of the offences and not the Hon'ble High Court. Offence under section 498A is non-bailable in nature and once you appear upon receiving the summons without obtaining anticipatory bail, the Court will send you to custody. First of all, you have to file application for anticipatory bail before th District Judge and if it gets rejected you can file anticipatory bail application before the Hon'ble High court challenging the rejection order and thereafter to the Hon'ble Supreme Court. If you appear upon rejection of ABP/ABA, you are to be sent to custody for obtaining regular bail. RegardsRohit Ranjan Sinha, Advocate

Q: Can Police Stop Construction Based on Section 144 Notice in a Land Dispute?

My neighbor has filed a case in the SDM court under Section 144 in case of land dispute to stop the construction of my house, which is adjacent to his land. He claims that we are forcibly constructing on his land, which is not true as we are within our land limits. No court order or notice has been sent to us to stop the construction, only one court attendance occurred yesterday. Local police claim that Section 144 land dispute is imposed on this land, preventing us from constructing anything. Multiple lawyers have informed me that Section 144 in case of land dispute in Hindi states that it can only be imposed in a field or open area, not on a house. We have lived on this land for the past 25 years and were constructing in an area where the neighbor is causing issues. The police are threatening us to stop the construction. I live in Ranchi, Jharkhand. Please clarify: Can police stop construction without stay order based on the court's notice to represent our side under Section 144?

Advocate Rohit Ranjan Sinha answered
Dear Sir, once the order has been passed by the SDM to stop the construction under 144 on land, the police are duty-bound to follow the same. You can get the order vacated by filing your show cause at the earliest, stating the exact situation, particularly highlighting that Section 144 in case of land dispute cannot be imposed on a residential building. You can insist the SDM conduct an early hearing after filing your show cause. Regards, Rohit Ranjan Sinha, Advocate.

Q: Regarding mental and physical torture case.

It's regarding torture ( mentally and physically) case of my own little sister by his husband. Need to know the procedure. My parents are going tomorrow to bring my sister and her daughter back to our home. They are about to file a case of torture to the nearby police station tomorrow. Is that sufficient or give advice?

Advocate Rohit Ranjan Sinha answered
Dear SirFIR can surely be lodged alleging torture against those responsible and if police refuses to register FIR then the remedy is available to report such non-registration by post to the jurisdictional SP within 24 hours. Even if no action is taken, remedy is available for filing a criminal complaint before the jurisdictional Judicial Magistrate.Regards

Q: Where can complain be filed for false promise to marry and cheating

I was with a guy in a live-in relationship for 4 years from 2014 to 2018. He is a Hindu and I am a Muslim. The guy had told that he would talk to his family about marriage. Later, he told in June last year that his family will not agree to it. I cried and he said he will try again and it continued that way till Jan 2018. In Feb he moved to Mumbai due to the relocation of work and I didn't move there with him. We met once a month from Feb till May 2018 then I moved to my hometown. I am there till now. The guy now says that he cannot marry me as I am a Muslim and his family will not accept me as they are Hindu. I feel like a fool as I have wasted my 4 years. I got a marriage proposal in 2015, he did not let me marry that guy stating he will talk to his mother then. He used to beat me also. I need to seek legal aid. How to get justice?

Advocate Rohit Ranjan Sinha answered
Dear Madam,You have been in live-in-relation with your consent. It is pertinent to mention that such relationship has not been legally recognised in India. If you think you have been deceived by the counterpart by having committed breach of promise and has taken advantage of your situation, you can surely file an appropriate complaint/FIR, under proper legal advice.Regards

Q: Anticipatory bail modification for a senior citizen

i was granted anticipatory bail in highcourt with a condition that i have to appear physically on each and every date before a trial court in 2013. I am an old woman, for modification of same crmp has been filled in same highcourt. Can I file any application before the supreme court since its taking too long to dispose of in high court?

Advocate Rohit Ranjan Sinha answered
Dear MadamYou have not mentioned the date when you filed application seeking modification in the condition of bail. To my understanding, the modification application should go to the Bench which has imposed such condition, provided the Judge has not retired. However,l if there is considerable delay in hearing the said application, one can move the Supreme Court showing the efforts taken so far to get the said application disposed of.Regards