Advocate Shivam Pravin Singh

Questions Answered by Advocate Shivam Pravin Singh

Q: Closure Report not submitted by the Police

Hi, A Writ Petition was filed at high court as the Police was not filing the chargesheet neither submitting Closure report..The Police on the hearing date said that they have done the investigation and will file C summary report shortly its almost 2 months after that still they have not submitted C summary report.I also sent RTI via post but they refused and returned it, also sent reminder letters but no reply..kindly guide me now which application should I file at high court to get justice ??

Advocate Shivam Pravin Singh answered
Given the circumstances you've described, it seems that the police are not complying with their legal obligations despite assurances and reminders. In this case, if the statement made to court to file the report shortly is on record of court’s order then you can file an application for contempt of court in the High Court.Or on the next date of hearing, you should press for submission of the Closure Report or the C Summary Report by the police authorities as earlier submissions were made by the police authorities to file the report or see summary report shortly. For further details, feel free to reach out.Thanks and Regards, Shivam Pravin Singh,Advocate & Legal Consultant

Q: Noise pollution because of garage

I am Sonali Lokhande from Bibwewadi, Pune.There is a car denting garage just near my house and they make loud noises which are so disturbing. I filed a police complaint against them but it did not help me. I don't want any disturbance or discomfort because of that garage noise.

Advocate Shivam Pravin Singh answered
Yes, you can take legal action against noise pollution caused by a garage near your house under Indian laws. The specific laws you can use to address this issue include:1. The Environment (Protection) Act, 1986: This act empowers the central government to take measures to protect and improve the environment. It includes provisions for controlling noise pollution.2. The Noise Pollution (Regulation and Control) Rules, 2000: These rules were formulated under the Environment (Protection) Act to regulate and control noise pollution in India. They set limits on permissible noise levels in different zones (residential, commercial, industrial, etc.) and establish procedures for enforcing these limits.3. Local Municipal Laws: Many municipalities have their own regulations and bylaws addressing noise pollution. These may include restrictions on operating hours for noisy activities, permissible noise levels, and procedures for filing complaints.You can file a complaint with the local authorities, such as the municipal corporation or pollution control board, providing details of the noise disturbance and evidence if possible (such as recordings or witness statements). They will investigate the matter and take appropriate action against the garage if it is found to be violating noise pollution regulations.Thanks & Regards,SHIVAM PRAVIN SINGHAdvocate & Legal Consultant

Q: Someone spreading fake news regarding leopard sighting in our area

Someone people are spreading fake new of leopard in area and they are spreading fake edited photos to support their claim. Just now i got evidence of the same. Can i sue this person who is spreading this rumour? Can i get compensation?

Advocate Shivam Pravin Singh answered
In India, spreading fake news can be subject to legal action under various laws, including the Information Technology Act and relevant sections of the Indian Penal Code. If you have evidence of someone spreading fake news, particularly with edited photos, you can report them to the authorities. Whether you can get compensation would depend on the specific circumstances, the extent of harm caused, and the legal avenues available for seeking redress. For further details feel free to reach out. Thanks & Regards,SHIVAM PRAVIN SINGH,Advocate & Legal Consultant

Q: Criminal procedure code 1973 section 256

Plaintiff is dead in covidWhat will be with the concerned case?

Advocate Shivam Pravin Singh answered
Hello,If the plaintiff has died and no application has been made by the legal heirs of plaintiff to bring them on Record within the stipulated time period the suit will stand abated as no steps are taken by the representative or legal heirs of the plaintiff under the provisions of Civil Procedure Code, 1908. Thank You.

Q: police have not taken statement of accused

324 ke case me police ne accuse ka bayan liye bina usse 41 k documents pe signs liye, uski body height etc poocha then chargesheet court me file kardaali, jabki accuse ne self defence me hit kiya tha, ab wo accuse kaise prove karega ke ipc 324 ke saath self defence bhi tha

Advocate Shivam Pravin Singh answered
Hello, First of all you need to get a copy of Charge Sheet and appoint an advocate to defend the case of accused so that there is no negligence on your part. Further Section 334 of the IPC is an exception to Section 324 of the IPC. In Section 324, we see that if someone is hurt voluntarily by another person with a dangerous weapon or means, the person who is hurt shall be saved by the provision of Section 334, i.e., voluntarily causing hurt on provocation. According to the Section, if someone causes hurt voluntarily on grave and sudden provocation and the person who provoked him has the intention and knowledge of the act, then the person committing such an offence shall be punished with imprisonment for a term that may be up to 1 month or a fine that may be up to Rs. 500 or with both. Here an important element is that the person causing hurt has no knowledge or intention of his act.Thanks