Advocate Sabir N.S

Questions Answered by Advocate Sabir N.S (25+ answers)

Q: accident of a car to a bike- Section 281 and 125(a) of BNS

I was going to park a car by crossing a small road. I had put the indicator and was about to turn. Meanwhile a scooted from behind overtook and hit the side mirror along and the lady was hurt. Took her to the hospital immediate in my car and waited to see that she was alright and post that I left. Since she was bleeding I don’t wait to take any photos and my first preference was to take her to the hospital. She has registered a case u/s 125(a) and 281. What options do I have. It was not my mista

Advocate Sabir N.S answered
File a police report as soon as possible. This official record will be crucial for any insurance claims or legal action. Ensure the report accurately reflects your account of how the bike's negligence contributed to the accident. collet evidence

Q: Ndps 27 b disposed can I get work visa

Ndps 27 b Fir charged on smoking weed I paid necessary fine and case is disposed If I applied for pcc it will mentioned in pcc ?It will affect my work visa process on newzealand

Advocate Sabir N.S answered
while a conviction under Section 27(b) of the NDPS Act is for a less severe drug offense, it can still significantly affect your chances of obtaining a work visa for another country. The outcome will depend on the specific immigration laws and policies of the country you are applying to, as well as the discretion of the immigration authorities. Honesty, full disclosure, and seeking professional legal advice are crucial steps to take in such a situation.

Q: Anticipatory bail for robbery and BNS

In fir no 22/2025 first accused arrested by police officer and hot statutory bail In that situation 2nd and 3rd accused have any chance to get anticipatory bail

Advocate Sabir N.S answered
Statutory Bail (also known as Default Bail): The first accused getting statutory bail means that the investigating agency (usually the police) failed to complete the investigation and file a charge sheet within the legally specified time limit. This is a right that accrues to the accused under Section 167(2) of the Code of Criminal Procedure (CrPC). The court is obligated to grant bail if this condition is met. * Anticipatory Bail: The second and third accused getting anticipatory bail signifies that they approached the court with an apprehension of being arrested for a non-bailable offense. The court, after considering various factors such as the nature and gravity of the accusations, their past criminal record (if any), the possibility of them fleeing from justice, and the likelihood of them tampering with evidence, granted them bail in advance of any arrest. This allows them to remain free unless and until the bail is cancelled by a court.Key Differences and Implications: * Timing: Statutory bail is granted after an accused is taken into custody and the investigation isn't completed within the stipulated period. Anticipatory bail is granted before an arrest is made. * Grounds: Statutory bail is primarily based on the investigating agency's failure to meet the deadline for filing the charge sheet. Anticipatory bail is granted based on the court's discretion after assessing the merits of the application and the likelihood of the accused misusing their freedom. * Nature of Right: The right to statutory bail arises due to the inaction of the investigating agency within a specific timeframe, making it a somewhat automatic right once the conditions are met and claimed by the accused. Anticipatory bail is a discretionary power of the court. * Current Status: The first accused is out on bail because of a procedural lapse in the investigation. The second and third accused are also out on bail, but because the court has proactively ordered that they should not be arrested (subject to any conditions imposed in the anticipatory bail order).So, in summary, all three accused are currently out on bail, but for different legal reasons and at different stages of the process. The first accused's release is due to a delay in the investigation, while the second and third accused's release is due to a court order preventing their arrest in the first place.

Q: After procedures in a criminal case if accused died during trial

why should the court ask the victim to present in the court even after the death of accused in criminal case, though the trail havent started yet?

Advocate Sabir N.S answered
The Code of Criminal Procedure, 1973 is a procedural law providing the mechanism in which manner the criminal trials are to be conducted on the basis of substantive criminal law i.e., IPC and other criminal statutes.The primary object of the criminal justice system is to ensure that the trial must be fair and just. Once the cognizance has been taken of a particular case then CrPC comes into force. First, a complaint is registered with the police, the police then conduct a primary investigation.Based on the investigations made, the police arrest the suspects and frame charges against them in relevance to the offenses committed by them.After framing of charges these suspects become the accused of the case. The case then proceeds for trial in component court. A full trial is then conducted by the competent court.During the trial, a statement of witnesses is recorded, evidence that has been found is examined, and contentions of the accused and the complainant are heard by the competent court. After completion of the full trial, the court passes the final judgment wherein the accused is either convicted or acquitted.However, it is pertinent to know that not every trial leads to a conviction or acquittal. Sometimes the trial ends in the middle without any final judgment with respect to conviction or acquittal.Death of the accused in a case is one such instance wherein a trial ends in the middle without any final judgment. The ultimate object of any criminal proceedings is to punish the accused on his conviction of any offense. However, if the accused dies before the full trial is conducted then the proceedings of the case need to be abated.Continuance of the trial proceedings after the death of the sole accused is considered to be infructuous and meaningless. Express provision for abetment of the trial proceedings after the death of the sole accused is not available in CrPC but it is a well-established doctrine through various Supreme Court and High Court Judgments.Provision for abetment of appeals after the death of accused:Although express provision to abet the trial proceedings after the death of sole accused in a case is not present in the CrPC still express provision for abetment of appeals after the death of the accused is given in the CrPC. Section 394 deals with the abetment of appeals. It provides that appeals arising out of conviction should abet if the sole accused dies during the pendency of the trial.

Q: Ex-gf threatens to file a case against me.

The girl she came after me for a long time and made me fall in love with her.after a while she told me she want to breakup with me for no reason.i asked her for reason she wasnt able to tell me any.then when i told her about my sufferings she and her friends laughed at me.then she made me angry and i may have said some things to her.and now she says thats why she broke up with me.eventhough it happened post breakup.ow she is threatening me with a false lawsuit.i dont know the exact nature of it though.please advice me about how to respond.and is there any way i can file a case against her on any grounds?.i have all our chats and calls.

Advocate Sabir N.S answered
You can not legally take action against the girl for refusing to marry you after keeping long relationship with and also promising marriage to you since this promise can not be treated as contract/agreement for suing her before the Court of law.2. However, you can lodge a police complaint against her and her accomplishes for attacking you at your house and for assaulting you.3. If police fails to take any action against her, you can file a Writ Petition against the police for its inaction seeking justice.