Advocate Sharad Goswami

Questions Answered by Advocate Sharad Goswami

Q: case under ipc 420 408 34 & various it acts 43

Sirs, regarding case of 420,408,34 and it acts 43, i received 41a notice which was replied and visited police station.FIR registered due to frivolous fight between two past partners and my name was added due to i did some technical work for one of partners. My work was limited to that point only and matter is 2 years oldNow what happens next ? No arrest made so far for anyone. The other 4 taken bail because they were involved with complainant in business.Do i need to apply for bail ? nWhen police will file chargesheet ? its already 2 months since FIR. There is no further call or mail from police station to me.How can i apply for removal of my name from accused in FIR ? nnregards

Advocate Sharad Goswami answered
apply for anticipatory bail at earliest. you have good case to get the favorable order. you can approach lawyer n inform him about 41A notice and also keep records of dates you visited the concerned police station.

Q: Recording of Plea of Another Accused

In this case an FIR was lodged against 2 accused and one of taken in custody whereas another was not and after sometime proceedings took place where the plea and chief was recorded of only one accused whereas no notice of such recording was brought to accused no.2 and after 5 months the case directly went to Stage of Evidence... So My question is whether the plea and chief is to be recorded of both the accused as fresh or the chief of only accused no.2 shall be recorded(2 chief examination shall not be taken on record... So please assist me or can Whatapp me on 9921948631

Advocate Sharad Goswami answered
if the any of the accused is absconding or no more than case get separated and trail gets started against the another accused that is you in your case. so whether co-accused is absconding or demised? kindly let me know on this

Q: I want to make criminal case against municipal officer for polluting r

How I should make FIR in criminal against municipal officer ?

Advocate Sharad Goswami answered
visit the police station which comes under the jurisdiction and give detailed written complainant. and if police neglect to register fir you have an option to get the order of magistrate court to register the fir through filing application u/s 156 of CrPC before the magistrate court

Q: Discharge Application in Criminal Case

Private Complaint filed u/s 386,378,341,323,504,506,34 before first class jmfc..the learned court order under crpc156(3) for investigation...police filed a report that no case is made out after investigation and submitted that report to court...the complainant is being absent since the case is filed from 2014...under what crpc section discharge application can be filed so that accused cab be discharged and acquitted or any other legal remedies..kindly suggest

Advocate Sharad Goswami answered
discharge application is not required. just file an application through lawyer before the court to dismiss the complaint as no case is made out as per the report of police and also the complainant is not appearing since 2014

Q: Filing writ in AP High Court for non registration of FIR

I want to file writ petition in the high court because police has not registered FIR when I approached to the police station concerned? Can I file writ petition?

Advocate Sharad Goswami answered
you may approach magistrate court u/s 156 of CrPC. High Court will not entertain your writ petition directly bcz you have option of section 156 of CrPC. if magistrate passes order in your favor then police has to register fir