Advocate Tejasv Anand

Questions Answered by Advocate Tejasv Anand

Q: Legal dispute regarding registered property sale and FIR

D sold a plot to S in 1991 via sale agreement, will, and registered PoA to V (S’s sister). In 1999, V used the PoA to execute sale deeds—first back to D (as required) and then to me for valid DD payment. In 2017 mutation failed; D denied the sale, forged an affidavit, and filed a civil suit (2018) but never appeared. In 2024, D filed a false FIR (420, 406, 468, 471, 120B IPC) to harass and reclaim possession despite valid registered documents.What are my legal remedy to avoid this harassment?

Advocate Tejasv Anand answered
If the FIR is registered and Chargesheet not filed you only remedy is going for a quashing before the High Court. But you will have to establish case based on unimpeachable documents. Apart from the aforesaid you will have to follow up with police, submit representations and state your defence. Quashing is only accepted in rare cases accordingly, perusing documents is imperative before an opinion.

Q: under whch sec i can fil appl to state to mark the evidence b4r dishrg

in 498a matter , i want to file an application so that the state(IO)  will mark the evidence in the chargesheet,in the charge sheet IO did not specify the evidence. IO added the CAW cell , mediation, some of the complainant documents like whatsup message, marriage photo.  it is unclear on which document IO wants to reply on. so that i can say in my discharge application that insufficient evidence to bring the accused to conviction. and it will help during the discharge application argument

Advocate Tejasv Anand answered
Law as it stands does not permit an accused to insist upon the Police to add or delete evidences from the Chargesheet. However, to address your concern, you may file and application under Section 207 (CrPC) to seek a direction that list of unrelied documents be produced by the IO. This may help you achieve the objective you have.

Q: Can my brother win defamation case. I don't have evidence of stealing

My mother passed away. I not see her gold necklace. I was angry and wrote letter to my brother and say he stole necklace. Then my wife wrote letter to brother's wife accuse her of stealing necklace. My brother file private complaint - defamation. Now he want to arbitrate. After 7 years, he say I misunderstand. he say my mother loved his wife and so she gave her necklace. Can my brother win defamation case since I don't have evidence of stealing.

Advocate Tejasv Anand answered
Private letters may not qualify as a defamation material. The stage of the your matter and correct arguments put to the court may exonerate you completely. You have to be mindful on how you pitch your case.

Q: FIR U/S 420 IPC filed against me in 2015 and arrest in 2019

FIR filed u/s420 in 2015 and no investigation till 2019Suddenly in 2019 police arrested me and arrest memo says 420 ,467,468,471,120BCan some body explain

Advocate Tejasv Anand answered
The offences alleged against you is cheating, forgery and criminal conspiracy. You will now need to track if chargesheet is filed in the matter. Accordingly, the next steps in matter to be taken. There are no limitation periods in these proceedings otherwise.

Q: 156 3 Application For registration Of FIR

Lodged a complaint with the police. If the police doesnt act on the complaint, then for how long to wait before approaching the court for 156(3) application?

Advocate Tejasv Anand answered
There is no statutory period prescribed however, please take note that compliance of Section 154(3) should be done to avoid any complication prior to filling Application for 156(3). If reasonable time has lapsed (over one week). You may approach.