Advocate Vaibhav Chaudhari

Questions Answered by Advocate Vaibhav Chaudhari (25+ answers)

Q: What is the procedure for prosecution under sections 352 and 351(2) of the BNS?

Dear Sir, I understand that in the state of Maharashtra, the police classify offences under Sections 352 and 351(2) BNS as non-cognizable offences, meaning they cannot investigate the matter independently without a magistrate's permission. Could you please clarify: 1) the legal process or procedure that a complainant must follow to ensure the accused is punished in a timely manner, ideally within six months, and 2) whether it is truly worthwhile to invest so much effort, considering that even threats to life involving serious injury made by the accused are not taken very seriously by the police when registering a non-cognizable complaint or offence? Thank you and best regards.

Advocate Vaibhav Chaudhari answered

Section 352 BNS, is Insult intended to provoke breach of peace and Section 351(2) BNS, is criminal intimidation both of which are bailable. After registration of the crime the accused can seek bail from the court. Thereafter the Police will investigate and file the chargesheet in a reasonable period of time. After filing the chargesheet the trial is conducted by the Magistrate court and the Judgement is passed. The entire process won't be completed in 6 months as asked by you. Regarding the threat to your personal security, you can always approach the same magistrate before whom the case is going on to complain about the threat received by you and action will be taken. You must take the help of a good criminal lawyer for your matter. 

Q: Can I apply for a passport if I have a pending criminal case against me? What is the procedure to ge

Could you please assist with the following questions regarding my situation: 1. I have 2 criminal cases against me under sections 354, 507, 383. It's been over 18 months and the charge sheet has not been filed yet. Can I renew my passport without the charge sheet being filed? 2. What are the grounds on which I can apply for passport renewal in my current situation? 3. If my passport renewal application gets rejected, what should be my next step? 4. According to the law, within how many months should the charge sheet be filed? 5. Are there any options available to dismiss the case, considering it has been more than 1 year since it was filed? 6. Do I need a lawyer to apply for passport renewal, or can I do it on my own? 7. What are the grounds on which I can apply for FIR quash? Please suggest.

Advocate Vaibhav Chaudhari answered
If the accused is on bail then there is no required number of days under which chargesheet has to be filed. For passport renewal the case details need to be studied in depth to find out if permission of the court is needed to renew. The bail conditions also need to be studied. For quashing of FIR you need to apply to the HC. But for that also the facts and circumstances of the case need to be studied.

Q: What is the procedure for prosecution u/s of IPC 504, 506 ?

Dear Sir, I understand that in the state of Maharashtra, police register offenses under IPC 504, 506 as non-cognizable offenses, i.e., the police on their own can't investigate the matter without the permission of the magistrate. Please let me know:

1. The legal process/procedure that the complainant will have to follow so that the accused person is punished in a reasonable time, i.e., within six months.
2. Is it really worth putting in so much effort, because even a threat to life by causing serious injury given by the accused is not taken very seriously by the police at the time of registering the IPC 506 non-cognizable complaint/offense?

Advocate Vaibhav Chaudhari answered

IPC 504, 506 deal with offenses related to insult intended to provoke a breach of peace and criminal intimidation, both of which are bailable offenses. After the registration of the crime, the accused can seek bail from the court. Thereafter, the police will investigate and file the chargesheet within a reasonable period. Once the chargesheet is filed, the trial will be conducted by the Magistrate Court, and judgment will be passed accordingly. The entire process, however, is unlikely to be completed within six months. Regarding the IPC 506 offense and concerns about your personal security, you can approach the same magistrate handling the case to report any threats received, and appropriate action will be taken.

Q: Action against vendor for not honoring commitment

A vendor selected for installing CCTV security system in our co-op housing society is not honouring his commitment despite having been paid 80% of quotation value as per terms agreed upon. What are our options

Advocate Vaibhav Chaudhari answered
Firstly a legal notice has to be sent to the vendor claiming the entire refund or honoring the commitment. If the requisite is not done then a consumer complaint has to be filed before the consumer court claiming refund with interest and damages.

Q: Legal action against sexual harassment by husband & forceful marriage

I am so worried about my friend she has been sexualy harassed by her husband for 10 yrs. her parents are forcing her to stat with hin coz of what will ppl say if you come back. Her parents got her married at the age of 17. i am a third person and outsider but i really care for her and provide her with protection.

Advocate Vaibhav Chaudhari answered
You have to gather courage and take your friend to the police station to lodge a complaint. If you are not comfortable taking her to the police stn you can also call the police to her house for recording her complaint. Simply call 100 and narrate the incident and a woman police officer will come to your place to record your complaint.