Advocate Tanmoy Chattopadhyay

Questions Answered by Advocate Tanmoy Chattopadhyay

Q: Difference between 354 and 354a ipc

What is difference between sexual harassment and molestation?, difference between section 354 and 354a?

Advocate Tanmoy Chattopadhyay answered
354 has an element of force in it. so to molest someone there's this physical force involved. 354A need not have any physical force involved and yet may harass anyone sexually mostly woman. regards,Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.

Q: I encountered an escort service scam online, and my money was not returned. This escort scam turned

I contacted an escort service I found online. They asked for various amounts totaling 32,149 but did not provide the service and refused to return the money, indicating it was an escort scam or escort service scam.

Advocate Tanmoy Chattopadhyay answered
investing money in an illegal venture itself is illegal and therefore no remedy before any court of law can be obtained in such cases. you are advised not to fall trap in such proposition in future. however in case you have documented proof of the money being given for such service then you can file complaint against such service provider before the police and if the police fails to take action then you can file a court case against the police and the police will stop the illegal business of such service. Regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.

Q: How to escape from 420 case ?

Mrs 'A' has given money via bank transfer to Mr 'B' of around 40 Lakhs. They both are in good relationship. After few months 'B' got married. B Never told A to marry her. A file FIR against B for IPC 420/ 120B/ 376. The money transactions is correct but money has gone somewhere else i.e has been lost in gambling or trading. Now B have no capabilities to repay the amount to A. And one more thing B Never got physical with A. Now A is using their women empowerment in this case. B has got head injury before meets to A and also ongoing with psychiatric disability of depression. How to escape out of this case. Please give a legal advise or suggestions that how to overcome of this case. Presently Anticipatory bail applied to high court by B against issued warrant. B is central govt employee in defence. What should B has to do after bail. What is the punishment under IPC 420 ?

Advocate Tanmoy Chattopadhyay answered
there has to be more than what meets the eye. since I'm not privy to the contents of the anticipatory bail application before the high court it won't be possible for me at this stage to comment on the merit of the case filed against B. in any case it would be important to first go through the complaint of A to see the exact allegation and understand the purport thereof. it is advisable that since B is a defence employee he should at once meet a lawyer with all relevant papers and get some genuine advice on the best way forward. after bail one can either get the FIR quashed or apply for discharge or face the trial depending on the facts of the case. Tanmoy ChattopadhyayM.Sc (Net), LL.B (Delhi) AdvocateHigh Court, Calcutta

Q: Explain frt full form in law ? Does it mean that investigation has been closed by police

what is frt in law ? Does it mean that investigation has been closed by the police and you can't go to court for justice?

Advocate Tanmoy Chattopadhyay answered
frt is a final report in which the case is recommended to be closed against the accused. if you are an accused then unless the defacto complainant challenges that report and seeks a investigation you are not required to go to court to face trial. in case you are defacto complainant you can either choose to accept the report or make an application before the court under section 173(8) crpc seeking investigation.

Q: Maximum time limit to file chargesheet and quashinh FIR

One of my relatives has been falsely implicated under section 354, 354A, 354C, and POCSO 12. The complainant has lodged an FIR when she is 18 year 8-month-old. In FIR she has mentioned that the accused person (40-year-old) used to outrage her modesty by touching private parts of her body since the year when she was 16-year-old. She also added that the accused person took some nude photos when she was under 18 (though no such photos are found in the seized articles, i.e., one mobile and two laptops so far, also the seized mobile was bought after the complainant completed her 18 years) and used to intimidate her to publish her photos. In 161 statement the victim has contradicted the FIR mentioning that she has the love relation with the accused, and they had sexual relation without intercourse with their own accord. The accused has got bail from court after 4-day police custody. 1.In this case how long can police take to file charge sheet (already 60 days gone)? 2.Can we quash FIR 3.maximum time limit to file chargesheet in pocso act

Advocate Tanmoy Chattopadhyay answered
The time period of investigation is the prerogative of police or investigation agencies. the only consideration could have been the question of bail in case your relative is in custody pending investigation then he could have applied for default bail in case the investigation was complete within 60 days. since your relative is already on bail so that question does not arise. filing chargesheet will be only after completion of investigation. if you feel the investigation agency is delaying the matter then you may apply either to the CJM or the session judge or the high court for necessary direction upon the investigation agency. coming to the part of quashing of FIR it has to be clearly borne in mind that delay in filing charge sheet cannot be a ground to quash FIR. more importantly when the allegations are as serious as those of sexual relation with a minor ( even without intercourse) the quashing of the same will be a very difficult task but not impossible which can be ascertained only after going through the whole case documents. you can always quash the FIR if there exist ground for so doing which a lawyer will be able to fish out after perusing the brief.