Advocate Sameer Hussain

Questions Answered by Advocate Sameer Hussain (100+ answers)

Q: Legal procedure for quashing of fir under section 376 & 420 of IPC

One of my friend was in prison for almost 90 days, under sec 376 and 420 which was filled by his girlfriend. After filling charge sheet by the police officer he is out on bail. Now both the parties want to quash the case asap in high court bz girl is moving to abroad. But advocate is suggesting to go to the session court first and telling us that it's not possible to quash it. Kindly guide us the procedure ahead to take any decision.is it possible to quashing of fir under section 376 on the basis of compromise ?

Advocate Sameer Hussain answered
Supreme Court observation by Justice Deepak Mishra and Justice Prafulla Pant that under no circumstances Rape case should be compromised. Hearing the appeal filed before it, the bench of Justices Dipak Misra and Prafulla C. Pant observed, “these are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defined, the “purest treasure”, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.”

Q: What is the time limit for arresting a person under section 353 of IPC? Additionally, how to get bai

What is the time limit for arresting a person under section 353 of IPC? Additionally, how to get bail in IPC 353, and what is the process for anticipatory bail in section 353 of IPC?

Advocate Sameer Hussain answered
IPC 353 is non bailable therefore police can arrest the accused any time they want but if they didn’t arrest means they don’t have sufficient grounds to arrest the accused. However, it’s a good idea to apply for Anticipatory Bail in the session court if the person is not arrested. Good Luck.Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.

Q: within how many days from the incident should an aggrieved person file a charge

Good morning, Sir. We filed a case against a male who cheated my sister. He escaped before marriage. So, we went to the police station, and they told us to come after the Muhurtham time, asking us to wait until then. The next day after the Muhurtham time, we filed a case. The police registered a 420 case against him. However, it has been more than 15 days, and they are not responding, nor have they submitted this case to court. Actually, what is the FIR validity? What is the time limit after filing an FIR to produce it to court? They have not even arrested the bride yet. How many days FIR is valid

Advocate Sameer Hussain answered
If the accused has been arrested, the police must produce him before the Magistrate within 24 hours. If the police have not arrested him, it means they are still investigating the case. There is no strict time limit for filing a charge sheet, but if the accused is in police custody or judicial custody, he is entitled to bail if the charge sheet is not filed within 60 or 90 days under Section 167 Cr.P.C.

If you are wondering within how many days from the incident should an aggrieved person file a charge, the sooner, the better, to avoid legal complications.

If you are dissatisfied with police action, you can always file a private complaint with the Magistrate under Section 200 Cr.P.C.

Good luck!

Q: Legal remedy as court issued NBW to witness to succession certificate

I am banker and a witness to succession certificate application filed by petitioner. The court issued summon and I failed to appear due to unavoidable reasons. However I didnt eqnuire about the next hearing and I failed to appear once again. Court issued NBW against me. Please guide.

Advocate Sameer Hussain answered
NBW can be recalled, file a petition under U/S 70(2) OF Cr.P.C before the Court and usually Judge will recall it. Nothing to worry about, retain a competent Advocate in your local area. Best of Luck

Q: Police refuse to file case of harassment against wife & children

My Sister who is around 40 years and two kids are under torture by her husband.He joined hands with his parents and put her in severe problem.He has made her and her kids in helplessness condition.Local police got corrupted by him and refusing to file case against him.What to do?

Advocate Sameer Hussain answered
Nothing to worry if police refuse to cooperate with you still you can file a private complaint before Magistrate along with the copy of Complaint you submitted to police along with acknowledgement of complaint (if you have any). The Magistrate will look into the facts and will order the police to investigate the matter and report back to him. Retain competent Advocate in your area. Best of luck