Advocate Servesh Mishra

Questions Answered by Advocate Servesh Mishra

Q: case status :-- disposed , nature of disposal:- uncontested disposed

i have filled my bail application and its showing uncontested disposed what does it mean is general is it favourable or not for my bail application order have not been uploaded by the concerned court

Advocate Servesh Mishra answered
High court ya district court k status me show kr rha h case crime number batao aap check karke detail kar rahe hain aapko order reserve to nahin hai case ka detail pata hoga tabhi Bata payenge ke kya position hai

Q: FALSE 498A CASE AND DOMESTIC VIOLENCE CASE

I AM HAVING MATRIMONIAL DISPUTE WITH WIFE. SHE WENT WITH HER FATHER IN MARCH 2017 AND DIDN.T CAME BACK. SHE FORCES ME TO LIVE SEPARATELY FROM MY PARENTS. AS I AM THE ONLY SON OF MY PARENT SO I CAN'T LEVE MY PARENTS. I DENIED THE ILLEGAL DEMANDS OF WIFE AND REUSED TO LEAVE MY PARENTS. IN LIEU SHE DENIED TO COME BACK MY HOME . AFTER THAT I FILED DIVORCE CASE IN JULY 2017. A FEW MONTHS LATER SHE FILED ALL FALSE CASES AGAINST ME AND MY FAMILY (498A,504,506,323, DOMESTIC VIOLENCE....AND MANY MORE).

Advocate Servesh Mishra answered
The High Court has the authority to quash a First Information Report (FIR) when a compromise is reached between the complainant and the accused. Both parties can jointly file a petition under Section 482 of the Code of Criminal Procedure (CrPC), outlining the terms and conditions of the settlement.

Q: Quashing of FIR only by high court or can be done by magistrate court

FIR under 304a and 506 has been filed. settlement agreement has been signed by both parties and closure report by police proves that FIR has no standing and accused was wrongly accused. Can the magistrate quash the FIR/ or do i have to go high court for quashing. is there any legal way to close the matter without going to high court.

Advocate Servesh Mishra answered
The High Court has the authority to quash a First Information Report (FIR) when a compromise is reached between the complainant and the accused. Both parties can jointly file a petition under Section 482 of the Code of Criminal Procedure (CrPC), outlining the terms and conditions of the settlement.

Q: Bail in 498a , 323, 504, 506, dp act 3/4, in up

I need a regular bail in up. Can I get bail on the same day. Shall I give more money to laywer for bail. How much it ll cost to me for a bail.

Advocate Servesh Mishra answered
Every offence under this Act shall be 7[non-bailable] and non-compoundable.] taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him.]

Q: Dental malpractice and negligence

A doctor misinformed me about a procedure, forcefully operated on me and damaged all my front teeth. I am going through huge dental sensitivity and teeth damage. I want to take a legal action against the doctor. This incident happened in 2017. Please suggest me how to proceed?

Advocate Servesh Mishra answered
A medical malpractice is a claim of negligence committed by a professional health care provider -- such as a doctor, nurse, dentist, technician, hospital or hospital worker -- whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient ...