Advocate Swapnil Jamkar

Questions Answered by Advocate Swapnil Jamkar

Q: If the police ask you to come to the station do you have to ? what is the Legal consequences ?

I AM A SINGLE WOMAN AND HAVE NO ONE IN MY LIFE. I EARN MY BREAD AND BUTTER BY DOING A JOB. I WAS WORKING FOR A BPO COMPANY IN MIRA RD WHICH TURNED OUT TO BE A SCAM . ALL THE EMPLOYEES WERE BEHIND BARS WHO HAD WORKED FOR MORE THAN 1 YR. I HAD JUST NEWLY JOINED THAT COMPANY AND DID NOT EARN ANYTHING, I WAS ABT TO GET MY SALARY AND UFORTUNATELY THERE WAS A RAID. NOW RECENTLY AT 2 AM IN THE NIGHT , 2 PEOPLE IN THEIR NORMAL CLOTHES CAME TO MY ROOM SAYING THAT THERE ARE FROM KASHIMIRA POLIEC STN THANE AND GV ME A PAPER IN WHICH IT WAS MENTIONED THAT UNDER SOME SECTIONS MENTIONED , IHAVE TO REPORT TO THANE POLICE TSN WITH 15000 TO PAY AS ZAMEEN ON 25/02/2017. THEY ASKED ME TO SIN AND GV MY MOBILE NUMBER. I WAS SHIT SCARED AS IT WAS LATE IN THE NIGHT, SO I SIGNED AND GV THEM MY MOBILE NUMBER. I COULD NOT GO ON THAT DAY BECZ I AM WORKING , I COULD NOT GO WITHOUT TAKING OFFICAIL LEAVE FROM OFFICE. I GOT A CALL FROM THEM SAYING THAT WHY HAVE I NOT COME AND THEY WILL GET ME ARRESTED. CAN POLICE ASK YOU TO COME TO THE STATION ?

Advocate Swapnil Jamkar answered
Hello madam, as per your query, if the police have told u sections and called the police station.. You should go and take bail, because you have been one of the accused of the said crime. If you have no concern with the said crime. Then you can quash FIR against you from the High Court..

Q: Claiming possession of robbed items recovered by police

Fir was lodged for having robbed if gold chain. The police recovered the same from the robber and asked us to identify if it is the same one. After that we were told to hire a lawyer for getting the orders from the court, which we did. It's almost a month they now the lawyer keeps on saying that the judge has not yet signed the papers, once it will be signed it will be given to the police station, and we will be able to collect the recovered gold chain from them. Just wanted to know if this is the actual procedure and how many days it should take ? Or are we taken for a ride by the police officials. Thanks

Advocate Swapnil Jamkar answered
This procedure is call Suprutnama which comes under 457 CRPC. And it’s procedure firstly your application is filed for that you will have to annexed the bill of the property for claiming ownership, thereafter court asked the say of police and Public Prosecutor then argument of your counsel. And order will pronounce. Then you have to wrote certain conditions call Indemnity bond. This procedure takes almost 15 days.

Q: I had booked a flat 4-5 years ago and paid 70% money to the builder

I had booked a flat 4-5 years ago and paid 70% money to the builder. Now builder is asking me to give cash payment for stamp duty and registration but I am not ready because building is not yet prepared. I am scared, I had heard about notary registration which cost about ₹5000. Is notary registration valuable. Is notary registration can be done in place of stamp duty, registration till building is prepared.

Advocate Swapnil Jamkar answered
As per your querri, notary registration having no legal value.. If buider is going to delay to give possession, you can avail remedies from Maha RERA ACT, you have legal remedies to pay amount by cheque.

Q: I am facing a complicated Divorce query. Please help me out.

My Friend wants divorce from his wife from the day he got married but they are not ready to give.he asked them for 3 times but they was pressuring him like will give dowry complaint on you like that, seeing all these he committed suicide and he is out of danger he is alive now. He still wants divorce from her. will he get divorce from her?? Still is there any changes that girl can give complain against my friend after all this suicide attempts?? Please reply

Advocate Swapnil Jamkar answered
Helli sir,As per your friends quarry, your friend can get divorce. On ground of cruelty. He can file divorce on ground of cruelty by which he has attempted suicide. Is it any complaint filed by your friend or having any medical report of committed of suicide? Your friend can move divorce petition. Also he can file pokice compliant for harassment by his wife.

Q: Can case be registered on basis of whatsapp messages between parties

Case is registered only on the be sis of WhatsApp messages in between Complaint & Party.. WhatsApp messages are taken seriously in Court ?

Advocate Swapnil Jamkar answered
Yes whats up msg are taken into consideration, but the question is taken into consideration that what kind of your case is that, if the person is cheated with you with the help of whats up, and your case is of cheated in nature, the police will definitely registered office under verious section of IPC along with IT act.