Advocate Sougata Chatterjee

Questions Answered by Advocate Sougata Chatterjee

Q: False 376 Fir filed against me

A fir of 376 was filed against me which is false witness is her family members . And police known that it is false fir hence refused to investigate also didn't contact me even after 2 month. I am on bail. 1)Will police file any chargesheet against me?2) Can I quash the fir? 3) Will I myself visit police or continue with laser?

Advocate Sougata Chatterjee answered
Hello!! yes, police will file a charge sheet after 90 days of FIR. They will file charge sheet before completion of 7 years. Police will file charge sheet against you or not it is a big question. You can quash it on the ground that if charge sheet will not be filed. You can visit police station or trying to convince them to file charge sheet in your favour that section 376 IPC has not committed etc. Then you can be acquired in trail. Thank you

Q: Can I travel to abroad for office work while there is a pending case

My wife filed 498A and few other cases against me. Now after taking the bail can I travel to abroad if required for my work purpose? What kind of legal formalities I have to do for that? Is there any chances that my Visa can be rejected or denied due to this?

Advocate Sougata Chatterjee answered
As per your query your wife has lodged a case u/s 498A with few others and you have taken you bail. Further more you can not proceed to any where without prior permission of the Court. If Court allows your petition. As per law you are not permitted to leave the place without permission. There is a chance of escape. So that Court can not grant your petition. For this reason your visa will be rejected.

Q: Is accused persons appearance mandatory in court during judgment

Sir/Madam . I just want to know one thing , that the accused persons attendance is mandatory during the judgment pronounced by the criminal court ?? If it is mandatory & intentionally the accused is not present in the court during the judgment then what action can take by the court against such accused person at that time?? Please answer my question if possible . Thank You.

Advocate Sougata Chatterjee answered
As per your query this case attendance accused person during the pronouncement of Judgment is mandatory in Criminal Case or Criminal Court. If you did not attend at the time of pronouncement of Judgment by intension then it is your fault and the Court can be Passed Order of warrent of arrest in this case.Thank you.

Q: If any person lodged false F.I.R against me what should I do

Sir , A promoter has lodged an F.I.R against me & my mother u/s-379/386/325/354(B)/506/406/120B/34 IPC & the said F.I.R lodged by the order of court . Later, the local police station has given us-41A notice but my question is that he is a male but he filed u/s-354(B) IPC against us ,how is it possible sir? We did not commit any crime , the case is totally false . The said promoter is making illegal construction in front of our house & my mother informed his illegal work to the local police station & the municipality & thereafter ,the municipality issued a Stop work notice against the said illegal construction so in this situation , his illegal work has been stopped by the local administration but he is now trying to revenge from my mother why she informed that so he has lodged false F.I.R but he added section-354(B) against us in the F.I.R & when I came to know that just I'm shocked so in this situation , what will I do? Can I go to the High Court ? Pls advice me

Advocate Sougata Chatterjee answered
As per your query firstly you have to take bail from the concerned court in which the case has been lodged. After taking bail you have to proceed further. Secondly you have notify the FIR date which you have not been mentioned here in your query. If you have any evidence in this case as you mentioned then you can obviously file questing before High Court.Thank you.

Q: Which act will be applicable for the agreement entered

An agreement was entered into in the year 2006, with clause of named sole arbitrator with the provisions of "arbitration and conciliation act 1996 or such statutory modifications thereof as may be enforced at the relevant point of time". Petition for invoking clause was initiated by one of the party in the month of may 2018. Thereafter a notice was served by the arbitrator to the respondent in June 2018. My query is which act would be applicable 1996 or 2015.

Advocate Sougata Chatterjee answered
As per your query you have entered into an agreement with the claimant and an arbitration proceeding has been referred to the Arbitrator. You have received one notice from the sole arbitrator for appear in the processding. It will governed under Act of 1996. In 2015 Act there is some of modification are made by the legislature but it will governed under 1996 Act. All law of Arbitration are same in two Acts except some modifications. The sections are elaborated in 2015 Act. Thank you.