Advocate Sudhankar Ghosh

Questions Answered by Advocate Sudhankar Ghosh (25+ answers)

Q: Website Hosting with Questionable Materials

There is a person at our institution who is a playboy and is also a great manipulator. As a result, many of his partners faced severe backlash because he convinced society that he was the good guy. We are interested in hosting a web server with recollections of the people involved and also any proof that may be found. what will be the legal consequences (if any) and how to avoid them.

Advocate Sudhankar Ghosh answered
Hosting a website containing allegations about a specific person can create legal risk under Indian law. If the statements harm the reputation of that person and cannot be proved as true with reliable evidence, it may amount to criminal or civil defamation under Section 499 and 500 of the Indian Penal Code. Even if people share personal experiences, publishing them without proper verification may still expose the website owners to liability. To avoid legal consequences, it is advisable not to publish defamatory content, avoid naming the individual, ensure that any statement is supported by verifiable evidence, and preferably obtain legal advice before hosting such a platform.

Q: False marriage promise, Breach of Trust and Deceitful Inducement

In January 2023, the guy gave a "Marriage Surety" to me, confirming our families were "sorted." Based solely on this 17-year family bond and his commitment to marry me, I gave him my absolute trust and my dignity and visited many places. We were intimate only because he formally pledged his life to mine. While claiming "work stress" to avoid me, Varun was leading a double life. His ID-Verified Bumble profile shows he was active on dating apps in the same month he gave the marriage promise.

Advocate Sudhankar Ghosh answered
If a man establishes a physical relationship with a woman on the false promise of marriage and it is proved that from the beginning he never intended to marry, it can amount to cheating and rape under Section 376 and 417 of the Indian Penal Code. Evidence such as dating app activity during the same period may help to show lack of genuine intention. The aggrieved woman can file a criminal complaint before the police. The exact applicability of charges will depend on the facts and evidence in the case.

Q: Please give a mobile number of a kind law year near midnapor

Please give a mobile number of a kind law year near midnapore

Advocate Sudhankar Ghosh answered
মোবাইল নাম্বার এভাবে পাওয়া যায় না.আপনি হয় Google এ সার্চ করুন না হলে ডিরেক্ট চলে যান।তবে যেভাবেই সার্চ করুন না কেন কাউকে এডভান্স টাকা দেবেন না।কারন গুগলে ফেক লিস্টিং এর কারনে বহু মানুষ প্রতারিত হচ্ছে।

Q: False fir quashing under 74 79 bns

False 74 79 bnsI was facing threats of filing false fir i informed the police and after filing rti on the matter while I climbed down the stairs of my office few Women assaulted me and fled into auto and filed false 74 and 79 bns against me. I am a govt servant and I was carrying cash from the office to the account office I complained to the police but the police did not take any action.My dept was also informed Suggest me remediesThe Police in collusion with complainant filed the fir for

Advocate Sudhankar Ghosh answered
If the FIR under Sections 74 and 79 BNS is false and malicious, you may seek anticipatory/regular bail and approach the High Court for quashing of FIR by showing mala fide intent and prior complaints made by you. Your RTI, prior police intimation, duty records and CCTV footage, if any, will be crucial. You may also file a complaint before the Magistrate under Section 156(3) CrPC for fair investigation or action against the assailants. After appropriate relief, proceedings for false implication can also be initiated as per law.

Q: wife not cooperating after signing MOU

1. 498a fir is filed against me and my parents. 2. applied for my parents fir quash, High court organized mediation and matter settled husband also participated in the mediation. 3. settlement terms were to exchange jewelry (this is done) between husband and wife and husband will cooperate in Khula proceedings which wife initiates. 4. Mediator infromed me that based on this settlement all 3 of us FIR will be quashed. also mediator informed me- wife cannot put any other criminal cases against me

Advocate Sudhankar Ghosh answered
A criminal case is quashed only by a formal order of the High Court, not merely on the basis of mediation talks. Ensure that the settlement terms are recorded in writing and placed before the High Court and obtain a final quashing order for all accused. Until such order is passed, the FIR technically survives. As regards future cases, the wife can be restrained only to the extent of settled disputes; fresh criminal acts, if any, cannot be barred. Always rely on court orders, not oral assurances.