Advocate Suyash Gupta

Questions Answered by Advocate Suyash Gupta (25+ answers)

Q: What happens if summons sent to wrong address ?

Hello sir/madam , I just want to know if the summon issued by the court to any person in Criminal Case have wrong address n not delivered to him on time ,what happens if a court summons is sent to the wrong address, will court issue new summon with correct address or arrest warrant ? Also how many times a summon can be issued and when Arrest warrent turn comes out . Is it headache of the police of a particular state to delivered the summon on time to the correct person despite having the wrong address or they can return it to the court as 'non delivered' . Thanks

Advocate Suyash Gupta answered
The court will look at the service report, if it is written on the report that the person is not residing on the address, etc then court will issue another summon on your correct address. If your correct address is not available then it can issue directions for publication of the summon in local newspapers. Normally court issues summons, then if the person after receiving it deliberately does not appear on the fixed date, then court may issue bailable or non bailable warrants. Police have to comply with the directives of the court as such it is their duty to serve the summon to the correct person.

Q: How to file a case against domestic violence

cousin beaten badly by husband one month before,eye was severely damaged,got red.Now ok,have got injury report from a private hospital,not filed a case yet but want to file and cousin has left her in laws house and staying with her parents now.

Advocate Suyash Gupta answered
A complaint containing the incident in detail can be filed before a magistrate under Domestic Violence Act. Apart from this an FIR can also be lodged and if there is any difficulty in getting it lodged then you can get it registered through court.

Q: Money fraud by online marketing company

Sir /Madam I am cheated by fraud company they call me for offering courier dealer job and take 15000 money from me my father is a rikshaw puller please help me i am in a very depression

Advocate Suyash Gupta answered
You need to upload the entire sequence of events. Like what was the offer and how payment was made, if it is done online or paid by cheque. So that the amount can be traced. Even other wise you must initially proceed by lodging an FIR by giving maximum available details so that the accused can be traced.

Q: Wanted to apply for bail if sentenced with life imprisonment

My relative has got the life sentence punishment under article 302 and 102. I want his bail please help me he has done nothing he has four small child no one is there to look after them all will die please help me out sir please

Advocate Suyash Gupta answered
You have only one option of filing a criminal appeal in the appropriate High Court having jurisdiction of the matter. It has to be filed within 30 days from the date of judgment of the trial court other wise the statutory period of filing an appeal will lapse and you will have to file an application for explanation and overlooking of delay. A bail application would be filed in the appeal.

Q: Medical facility to inmates in district jail fathers health critical

Sir, A false FIR lodged against my father in a double murder case. Local police detained my father without any enquiry and send to jail. My father is a heart patient and presently in district jail Baghpat(UP).My father's health condition is very critical . Jail official demanding hush money for refer outside. In this regard a written complaint proceed to higher formation( chief minister, DG prison, UPNHR, Health ministry) for needful but still waiting for response. Sir, now what i do?

Advocate Suyash Gupta answered
You should file an applucation for being released on bail both on merits as well on compassioanate grounds stating your fathers health. If it is an absolute fake case and the District Judge is convinced then bail will be granted by the District Court otherwise you will have to go to the High Court.