Advocate Saatwic Malhotra

Questions Answered by Advocate Saatwic Malhotra (25+ answers)

Q: Relatives Filed CC In Court BNS

Criminal complaint filed in court under BNS 348, 356(2) by relative based on FIR we filed in police station u/s 354 , 323, 504 , 506 ipc , police has filed charge sheet u/s 323 , 504 , 341 now based on this charge sheet opponent filed criminal complaint in court

Advocate Saatwic Malhotra answered
Since the police have already filed a chargesheet under IPC Sections 323, 504, and 341, and not under the more serious sections 354 or 506, the accused can argue that the allegations were exaggerated or unsupported by evidence. The complaint now filed under BNS 348 and 356(2) appears to be a counterblast or retaliation. You should move an application under Section 482 CrPC before the High Court to quash the criminal complaint on grounds of abuse of process and lack of prima facie case. Collect all documentary evidence and witness statements to support your case.

Q: Legal Advice Regarding Proposed Tower Installation Near Our Property

I’m writing to request legal advice regarding a proposed installation of a cell tower near our residential property located at Burari, Delhi.Could you please advice on what steps we can take, what are our rights in this situation ,and whether there are any legal grounds to challenge the project.

Advocate Saatwic Malhotra answered
You can challenge the installation of the cell tower under environmental, health, and zoning grounds. File an objection with the Municipal Corporation of Delhi (MCD) citing possible radiation hazards, lack of public consultation, and violation of local building bye-laws. You can also file a writ petition in the Delhi High Court if procedural norms or public interest are compromised. Supporting documents like RTI replies, expert opinions, and public objections will strengthen your case.

Q: Pocso 7/8 acquitted by session court

I am acquitted from pocso 7/8court by the session court. I was software engineer in an MNC IT company but was terminated when pocso case registered against me. Now whenever I am mentioning my case in my Application background verification, company is not considering my application though I am acquitted from the session court. I feel suicidal.

Advocate Saatwic Malhotra answered
You have the right to be treated fairly after acquittal. You can file a writ petition under Article 226 of the Constitution before the High Court for violation of your fundamental rights, especially if background checks are ignoring your acquittal. You may also approach the company’s grievance redressal or HR with certified copy of your acquittal order. Additionally, seek professional mental health support—your life and future matter. Stay strong, things can and will improve with the right action.

Q: Police loud siren at night affecting me

serious concern regarding frequent and unnecessary use of police sirens in my area during late-night hours. These sirens are often used without any visible emergency and have been causing constant disturbance to my sleep, affecting my health and well-being. What should i do? Can i file criminal case? Can i file civil case?

Advocate Saatwic Malhotra answered
You may file a complaint with the local police commissioner or State Human Rights Commission. If nuisance continues, a writ petition in High Court or a civil suit for public nuisance is also possible remedy.

Q: Filling of FIR under SC/ST act

I have sent an e-mail to Delhi police to register a case under sc/st act on 31.05.2025. After howmany days I can approach to Court if police does't take any action?

Advocate Saatwic Malhotra answered
If police fail to act on your SC/ST Act complaint within 15 days, you can approach the Magistrate under Section 156(3) CrPC for directions to register FIR. Keep a copy of your email as proof of intimation.