Advocate Shreyas Jain

Questions Answered by Advocate Shreyas Jain (100+ answers)

Q: Don't know exactly they are filled FIR or not

Around 4–5 years ago, some customers of my digital marketing agency threatened to file an FIR/police complaint against me because I could not provide the services. Since then, I have not received any police call, notice, summons, or court communication. They did not have my address, but they had my WhatsApp/mobile number. Is it possible that an FIR was already registered against me 4–5 years ago and I still have not been informed about it?

Advocate Shreyas Jain answered
If an FIR is registered against you, the appropriate police station will send you a notice for preliminary enquiry or recording your statement. Unless you dont receive a notice by way of post from police station, there is no proof that FIR has been lodged aginst you.

Q: Discharge petition after framing of charges

I have received an important evidence to contradict charge sheet. I have not applied for discharge petition and charges have been framed in last hearing. Next hearing is for fixing schedule of prosecution witness. Can I file discharge petition now? Will judge allow. Can I go to high court for quashing now at this stage? Please reply and help me

Advocate Shreyas Jain answered
discharge petition cannot be allowed as per law, after charges are framed. You can approach High Court by filing quashing petition under 482 of CrPC. However, I will have to see the new evidence and the Chargesheet in your case to guide you in a better way.

Q: If police not dilli g charges jeet within stipulated period

What action. Can I take if police is not filling chargesheet against accused i.e. builder. After how many days can I go to highcourt to file written petition against builder

Advocate Shreyas Jain answered
If police is not filing Chargesheet since a long time, then you have to approach the Magistrate Court under Section 156(3) of CrPC for requesting the Magistrate to direct the Police to conclude their investigation and file Chargesheet. However, it is suggested that you must try to meet the Investigating Officer and understand what all they have investigated and what else is remaining to be investigated. Then you will be in a better position to know in which direction the investigation is heading. If you feel the investigation is not properly being done by IO, then you can include that point as well in the Complaint before Magistrate under section 156(3).In case you require any further legal assistance you may contact me.

Q: Divorce and Child visitation and children dont want to meet him

I was married since 2015 and have 2 sons 8 and 5 year kids.My husband is chronic alcoholic and abusive i had suffered his torture for sake of my kids. But he used to behave violently with kids too.I had filed for divorce 2024 and case status is at ex parte hearing and he filed section 9 after he received first notice of divorce. Since last 1 year my husband did not come for any hearing. But now he had applied for mitigation so that he wants to meet kids but kids had seen his behavior and actions

Advocate Shreyas Jain answered
Ultimately, it is the decision of the kids to meet the parent or not. You may inform the court that the kids are afraid to meet the husband as he used to behave violently with the kids in the marital home. However, dont press too much on not allowing the husband to meet the kids, as the Court may take adverse inference from your conduct. That is not good for your case (especially if interim maintenance order has not been passed). Rather, you must request the Court that the meeting between husband and children should be done under your supervision or someone whom you trust.The law is clear on the point that husband/wife cannot be stopped from meeting their kids, as it is essential for the welfare of the child.In case you require any further legal assistance you may contact me.

Q: required refund of my paid amount along with compensation

I am writing to raise a formal complaint regarding my ongoing Debt Relief Program with FREED, which I have been enrolled in since January 2025. I have paid all required installments under the program, yet three of my credit card accounts remain unsettled. Over the past five months, I have continuously followed up with your customer service team, and each time I am told that the settlements will be completed within the next 15 days. However, no action has been taken to date.

Advocate Shreyas Jain answered
Before filing a consumer complaint, you need to make sure that you have all proper evidences to support your case. In your case, the important documents will be - agreement between you and the Company wherein the terms and conditions are specifically mentioned w.r.t. the present transaction. If the Company had assured you (in writing) to clear the debts and still has not complied with their promise, then you may file a consumer complaint.However, you will have to meet with an advocate and show him/her your case papers for making out a case.In case you require any further legal assistance you may contact me.