Advocate Sourav Sharma

Questions Answered by Advocate Sourav Sharma (25+ answers)

Q: in 498a trial court without dispose of discharge app ,can frame chrge

In Patiala house court, delhi i submitted the discharge application in 498a and 406 matter with nine grounds that case does not make out all evidence against the complainant are part of charge sheet. The judge without disposing of the discharge application and neither ask reply from io, put up for argument of charge. judge do not want pass order for each ground. Shall i file application to DJ to transfer the case as law is not getting followed ?

Advocate Sourav Sharma answered
In many instances these days, the judges will reject the discharge application on the very same day on which the framing of charges is done. I have dealt with such issues even in POCSO matters. yes you can file application for transfer but i don’t have much information about the case so i can’t really comment that what would be next plan of action.

Q: Ran away from police barricade

I was drunk and gave lift to someone and i saw barricade and i turned my car and tried to run the from the police constable because i was drunk and tremble. The police constable came in front of me and i ran from there. He was wearing camera and he must have recorded. I did not hit anybody and they also not chased me. What can be done by them now and should i be worried.

Advocate Sourav Sharma answered
Generally, there is nothing to worry about, but as you said, there was a body cam, then the scenario changes, and you can be accused of rash driving as well as for the endangerment of the very constable who was present there.

Q: Complaint seeking FIR against Police Officials and a Girl for Illegal

wish to lodge a formal complaint regarding serious misconduct, illegal detention, extortion and criminal intimidation committed by certain police officials along with a girl .On the said date and time, police officials came to my house and took me with them in a vehicle. I was brought to the police station but instead of taking me through the main gate, I was taken through the back gate and upstairs. I was taken through the back gate and upstairs. I was kept there under pressure without any law

Advocate Sourav Sharma answered
This is a grave allegation of illegal detention, extortion, and criminal intimidation by police under CrPC Sections, and 506 IPC potentially actionable via a writ petition under Article 226 in Delhi High Court or Supreme Court. Secret entry via back gate and coercion without lawful basis screams custodial abuse, demanding immediate FIR registration and safeguards.there are few steps that you need to take on urgent basis.

Q: I have a problem about my phone pay automation pay is on wha

I have a problem about my phone pay automation pay is on what why my my money is deducted so please help me and refund my money.

Advocate Sourav Sharma answered
If PhonePe unresolved after 10 days: File complaint at NPCI(dot)org(dot)in, notify your bank for chargeback, or approach Consumer Forum under Consumer Protection Act. Keep all UTR/screenshots; resolution mandatory within 30 days. otherwise explain more about your query in details.

Q: Salary delay issue for 12 plus months and full and final issue

I am working it it company and there is a big salary issue started in around 2016 and till 2021 11 or 12 month delayed they give 10-11 salary in a year but no issue in 2022 23 24 but now again in 2025 started, from January 2025 till February 2026 they miss 5-6 salaries and and they forced to work after right hand surgery when doc ask to rest for one month … and they never gave full and final to any one … who previously left the company not even gratuity…

Advocate Sourav Sharma answered
Your IT company’s chronic salary delays—5-6 months missed from Jan 2025 to Feb 2026, echoing 2016-2021 issues and this violate the Payment of Wages Act, 1936 or Shops & Establishments Act, mandating payment by the 7th/10th of the next month. Repeated delays constitute unfair labour practice under Industrial Disputes Act, 1947.Remedies for Salary Delays1.Send a legal notice demanding dues with interest; most settle here.2.File complaint with Labour Commissioner for quick recovery and penalties on employer (fine/imprisonment).3.Approach Labour Court under Section 33C(2) ID Act for recovery if unresolved.ON GRATUITYEx-employees denied full settlement/gratuity can sue in Civil Court (Contract Act) or Gratuity Authority (Payment of Gratuity Act, 1972); denial unlawful unless proven misconduct. Collect offer letters, slips, medical docs.File soon in your jurisdiction; time-bar is 12 months from due date.