Advocate Sanjeevani Mittal Jain

Questions Answered by Advocate Sanjeevani Mittal Jain

Q: Cousin got his lugs cut in a planned attack

My cousin sister has been living separate since last 2 years . Her husband attacked her and she lost her legs in the act.FIR has been lodged under attempt to murder and he has been arrested. What is the IPC section and what is the maximum punishment that can be given in this case ?

Advocate Sanjeevani Mittal Jain answered
in this case husband is liable under section 307 of Indian Penal Code and maximum punishment is 10 years imprisonment or life imprisonment if by his attempt to murder the act of husband has caused injury to wife

Q: Hi i have i need a legal advice in the field of consumer issue on frau

Hi there i got a question i got fraud by a gambling site and the proves right here https://pasteboard.co/K86C97N.jpg https://pasteboard.co/K86ADG8.jpg https://pasteboard.co/K86AivL.jpg https://pasteboard.co/K86BBaL.png my question is if it is enough to sue them or can i sue them?

Advocate Sanjeevani Mittal Jain answered
you cannot sue them as it was a gambling site and gambling is illegal in India. Your right to sue for fraud comes from an illegal act of gambling and therefore, you have no right to sue as you have to apprach court with clean hands/ clean antecedents and by engaing in gambling your atecedents are not clean

Q: What Is The Basis For Quash / Discharge

Discharge petition /Quash arguments happens over FIR copy or charge sheet .Is nessesary to attend every time quash or discharge petition proceedings all persons named in FIR including senior citizens

Advocate Sanjeevani Mittal Jain answered
yes all accused persons and senior citized have to attened quashing proceedings and if you do not attend rhen your advicate has to file application for exemption from appearance for that day explaining reason for not attending proceedings. In case unexplained absence from appearance then court can issue warrents against you for your presence.Your advocate can file an application for permanent expention from appearance in court and if court deems reason sutable and appropriate then court may grant you exemption from appearing in proceedings.

Q: Chargesheet not yet filed by police

Police is investigating my case related to cheating breach of trust etc. I am the complainant. FIR was filed by police on the orders of court 156(3) in the month of September 2020. I have heard of many cases where no charge sheet is filed by police for many years. How do I ensure that police files a charge sheet in my case. I don't want my case to be stuck with police for too long. I don't want to give any bribe ,etc. to police etc. Kindly suggest something. Thanks.

Advocate Sanjeevani Mittal Jain answered
You can merely approach the police officials and request them to speed up the investigation process and file a chargesheet ASAP. If they are causing unnecessary delay in filing chargesheet then you can file an application for Action Taken Report in concerned court.

Q: Legal relationship in presence of running divorce case more than 5 y

Hello Sir, Madam,I would like to ask is it possible to get legal relationship document, during running of divorce case of other personI would like to get married to a person who has running divorce case. Until he doesnot get divocre I can marry him. His partner only demand for money and maintenance. Her family is not even talking about divorce. She is at her fathers home, since he filled divorce. He got ex-parte but high court put stay on it on the appeal of his in-laws.Please let me know, how should I proceed.I got to know him 2 years back.

Advocate Sanjeevani Mittal Jain answered
Till the time divorce case proceedings are not completed and are pending you cannot legally get married to the other person. High Court has put a stay on the proceedings due to an appeal in the case once appeal is filed case is re-opened and hence you cannot marrry the other person till the time the appeal is not fully and finally decided