Advocate Umesh Gandhi

Questions Answered by Advocate Umesh Gandhi

Q: Legal procedure to cancel a registered FIR

If there Is Register FIR Under 156(3) then What Is the Process To get cancel the FIR, and after cancellation the FIR where the complainent can approach at next leval..Thanks.

Advocate Umesh Gandhi answered
It is not clear from your query, whether you are complainant or accused. Well... I will answer the both way. If you are accused, you can get the FIR quashed from concerned High court depending upon the contents of complaint. Even the police can cancel the FIR if no offense is made out during the investigation. If you are complainant and the FIR on the basis of your complaint is cancelled, you can file protest petition against it and the court will treat it as private complaint and if you are able to prove prima facie case against the accused in your preliminary evidence, the court may summon the accused to face the trial.

Q: Working in MNC abroad while divorce case pending in India

Hi I am working MNC and my job role got in abroad and traveling for that and also my divorce cases in Indian is running .So how to handle this from abroad.

Advocate Umesh Gandhi answered
Simply make an application intimating the court regarding your frequent absence from country citing the reasons. If you are going to remain abroad for longer period, you can make an application requesting the court to prepon the case and to record your evidence depending on the stage of the case. Even otherwise divorce proceedings are of civil nature and presence of parties is not necessary expect when specially directed by court. Rest you can monitor the case by remaining in touch with your advocate and by watching the proceedings of case online.

Q: What to do if a Doctor is accused of a false case of rape by patient

Sir my friend is a doc and a patient came to his clinic in daytime along with her husband for med. My friend sent her husband to a nearby chemist to get an injection and gave that inj iv .In the evening that lady came back with her husband and accused the doc to have iserted finger in her vagina on the pretext of checking her and then her husband took the docs scissors and made a video of the doc and his wife in which they were just trying to convince them both.Then that lady filed an FIR and my riend was sent to jail for six months.He got bail from high court after she gave her statement against him but in her medical report there was no injury mark on her private parts and she was having periods on the day she complained.Sir please guide what to do next.The section imposed is 376c(d).Even that video has not been used by them in the case but it was made viral on all social sites.

Advocate Umesh Gandhi answered
Without knowing about other relevant facts and about contents of chargesheet, it's not possible to guide you. Anyway on the basis of information shared by you, the best is to firstly face the trial with the help of good lawyer and after acquittal, suit for malicious prosecution demanding damages may be filed.

Q: Legal procedure against person for assault and harassment.

sir m ak student hu mere sath kuh den phli 2 boy jinko janta hu 3 unknow total 5 ni achi maarpit ki mni mlc kra li jismi 5-7cm ki chot aai h or police ni mater ko chota kr deya paise li kar ipc 107-51 lga de m chata hu ipc324 lagwana koi aisa advocate cheye jo inko kam se kam ipc324 lagwa k 3 saal jail baj ske ho to btai

Advocate Umesh Gandhi answered
First of all forward a written complaint to SP of your area either personally or through registered post. If even then no proper action is taken by police, file a criminal complaint in the court of law through an advocate.

Q: Husband remarried without giving divorce

I have been living away from my husband for one year. He has now remarried.But I have no proof(photo and video etc.).He has got registered her as a house servent to take care of his diabetic mother. Both are living with my mother in law in my matrimonial house.I want to file 494 ipc.Can police immediately arrest him? Can he keep a woman as a servent for his ailing mother ? Sir please guide me.

Advocate Umesh Gandhi answered
Offence under section 494 ( bigamy) being non cognizable, you cannot get your husband arrested by police. Rather you can file complaint u/ s 494 IPC in the court of law. As far as direct evidences are concerned, the complaint can be pursued on the basis of circumstantial evidences. You can also hire any agency for collecting evidence.