Advocate Siddhartha Mishra

Questions Answered by Advocate Siddhartha Mishra

Q: What to do a false case has been filed against me

false case against me for beating somebody in mathura. i live in delhi and never visited mathura.

Advocate Siddhartha Mishra answered
File criminal miscellaneous writ petition before High court for quashing of first informant report filed against you. But you have to give evidence for your alibai.this is all I have to say about the limited facts given by you in your query

Q: What can be done if an investor does not invest his share in a company

In my start up, there is one investor who is not investing to participating in running company's affairs, as he is employed somewhere else. His share is 45% of the paid up capital (100,000) and company has loan of 29L (27 from me and 2 from him). However he is not willing to sell his share. Can I, as a creditor, ask him to repay 45% share of the loan to me or else wind up company so that he agrees to sell his share and walk out

Advocate Siddhartha Mishra answered
To give you better output on the captioned matter for solving the problem we have to go through the memorandum of association and article of association. What are the procedures given therein as of now without much input I doubt you even can windup the company.

Q: Can my family member appeal on my behalf in high court in my absence

hi, lower court has passed the 12 dv interim maintainence order of 10000. i am out of india, can any one of my family member file appeal in session /high court

Advocate Siddhartha Mishra answered
They will give affidavit on behalf of you but memo of appearance needed to signed you as you are the mandatory party in the domestic violence case and maintenance was fasten upon you so this is the only way to file appeal.

Q: Complaint against father in law for theft

History of case: Divorce filed by husband followed by 498a complaint and arrest has been stayed by High Court. Father in law, wife n her brother committed theft from my rented flat lease on my name when i was in High Court for mediation and took all my belongings FIR u/s 380 lodged against them but police not doing anything as they have been bribed and filed a closure report in court. They are saying that legally she is wife and she has taken her stuff no case of theft is making out. pl suggest how to get my stuff back and punish those criminals. Thanks !

Advocate Siddhartha Mishra answered
Hi in response to your query I would like to say that your shall file protest Petition against the closure report flied by the police and demand fair investigation. In your case you need to point out how arbitrary they filed the closure report.

Q: Regarding advice on filing an appeal in supreme court in criminal case

There was wrong FIR registered against my brother in 302 case at aligarh in 2013 in driver Murder. This FIR registered by driver brother and stated that at the time of murder driver was with my brother, which was totally false statement. After sometime my brother also got the clean chit from aligarh police station. But after 4 years one Investigation officer included mine brother and mine name and filed the charge sheet in Nov 2017. In this case earlier we have taken the stay order from aligarh high court and after charge sheet filed 482 application for Quashing CS. The High court orders that the the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C-. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.So can we file app in sup court

Advocate Siddhartha Mishra answered
Yes you can file the special leave petition before honble apex court for quashing of the entire proceedings as well as impugned order passed by the honble high court. With special leave to appeal before honble apex court. However we need to go through entire record before advicing you for the same.