Advocate Shashank Wadke

Questions Answered by Advocate Shashank Wadke

Q: Robbery with a knife but victim not injured

My family friend was walking back home during night hours when a man approached her and showed a kitchen knife and demanded INR 10,000 from her. The man never used the knife to injure her and he was just showing the knife. Can a criminal case still be filed despite the man not injuring her with the knife. What BNS sections should be filed against the man in the police station.

Advocate Shashank Wadke answered
Yes, a criminal case can certainly be registered even if the knife was not actually used to cause injury. The law does not require physical injury to be caused for an offence of robbery, extortion, criminal intimidation, or attempted robbery to be made out. The crucial factor is whether the accused intentionally put the victim in fear of instant death, hurt, or wrongful restraint and demanded money.Based on the facts stated, the following provisions of the Bharatiya Nyaya Sanhita, 2023 may be attracted:Section 309 BNS (Robbery) – If the demand for money was made by putting the victim in fear of instant hurt through the display of a knife.Section 308 BNS (Extortion) – As the accused intentionally induced fear of injury to obtain money.Section 351 BNS (Criminal Intimidation) – For threatening the victim with a deadly weapon.If no money was actually handed over, the police may also investigate the matter as an attempt to commit robbery/extortion, depending upon the evidence collected during investigation.The victim should immediately lodge an FIR, provide a detailed description of the accused, mention the location, time of occurrence, and identify any CCTV footage or witnesses available. The absence of physical injury does not absolve the accused, as the threat created by displaying a knife itself constitutes a serious criminal offence under the BNS.

Q: criminal case cc case magistrate court

Whether the pending Section 319 Cr.P.C. petition order, can be rejected merely on the basis of the respondents' arguments and denials, in the absence of any rebuttal evidence, or will it be based on the basis of the evidence and materials available on record in the ongoing private complaint case... clarify with detailed answer... only interested answer this

Advocate Shashank Wadke answered
The purpose of Section 319 Cr.P.C. is to empower the court to proceed against a person who was not originally arrayed as an accused but whose involvement in the offence becomes evident from the evidence recorded during the inquiry or trial. While deciding an application for summoning an additional accused, the court primarily considers the evidence that has emerged on record and not merely the pleadings, denials, or objections raised by the proposed accused.The law is well settled that an additional accused can be summoned only when the evidence before the court is strong and cogent, indicating his or her active involvement in the commission of the offence. The court is required to assess whether the evidence, if left unrebutted, is sufficient to proceed against such person. Mere denial of allegations by the proposed accused does not automatically result in rejection of the application.Therefore, a pending Section 319 Cr.P.C. application cannot ordinarily be rejected solely on the basis of arguments advanced by the proposed accused in the absence of any supporting material. The court must examine the deposition of witnesses, documentary evidence, and other materials available on record in the private complaint case. If such evidence discloses a prima facie case of involvement of the proposed accused and meets the higher threshold prescribed for invoking Section 319 Cr.P.C., the court may summon the person as an additional accused.Conversely, if the evidence on record is vague, omnibus, or insufficient to establish the involvement of the proposed accused, the application may be rejected. Thus, the decisive factor is not the denial by the proposed accused but the quality and strength of the evidence already available before the court.You can contact me for a detailed consultation.

Q: Advocate For Quashing 498 In Nagpur

Plz suggest best advocate for quashing 498a in Nagpur I stay in Nagpur case is also in Nagpur ......

Advocate Shashank Wadke answered
Dear Sir,A petition for quashing of a 498A case is filed before the Hon'ble Nagpur Bench of the Bombay High Court and requires careful examination of the FIR, charge-sheet (if filed), and the surrounding facts and circumstances.I regularly handle criminal matters and can represent you before the Nagpur Bench for the quashing proceedings. Before suggesting any particular course of action, I would prefer to review the relevant documents and understand the complete factual background of the case.Please share a copy of the FIR, charge-sheet (if any), and a brief summary of the dispute. Based on the merits of the matter, I will be able to advise whether quashing, discharge, settlement, or any other legal remedy would be most appropriate.Feel free to contact me for a detailed consultation.Regards,Adv. Shashank Wadke