Advocate Vaibhavi Sharma

Questions Answered by Advocate Vaibhavi Sharma (25+ answers)

Q: Chargesheet Submission in Court and Summoning Stage

If the Chargesheet is filed in the Court and Summons issued , then what best option is available?Can Discharge be filed or Bail is to be taken first?

Advocate Vaibhavi Sharma answered
In General senario, subsequent to recieving the Court Summons, you are expected to be present in the concerned court on the date of hearing. It is though advisable that a standard bail application be filed before the court on the very same day. Discharge application can be filed on the subsequent date as well. However, to seek proper legal advise; facts of the case, details of the summons received etc are of paramount importance.

Q: Traffic challan

I received a summon on 10.09.2018 of court for traffic voilance against my name and address. Related to a car which does not belongs to me . U/S 39/192 , 115/190(2), 146/196 , 138(3)/177 M V Act. Car Vehicle they have mentioned in the summon is not mine and I am not related to that vehicle anyway . They have not mentioned driving licence no. Or any other copy with the summon . Date of order is 11.08.2017(last year )Date of hearing is. 13.08.2018Kindly suggest me . Can I send my lawyer to appear on my behalf or I have to appear in this. Matter is in Rohini court . I am out of state right now .Actually I had a licence in 2011 which was lost and I lodged a FIR against it. I also had the copy of FIR. I assume , that driver was having my lost Driving licence copy.

Advocate Vaibhavi Sharma answered
Although it is always advisable to appear in a criminal case, with a counsel. But given your circumstances, Your Advocate may appear in court, on your behalf, with a written Exemption Application detailing the reason of your absence from court. Please provide your advocate with a copy of the FIR lodged by you for stating correct facts before the court.

Q: Procedure to withdraw case when POCSO charges are framed

Hi My sister n her frnds were minor when police arrest one accused n filed a case under posco No family memeber is there with her so is it the right way to filed the case from my sister side by the police. ? N now we r very disturb becouse they guys r calling her in court even she don't want to go they guys are forcing us to go for the case to the court we want to go out of it How can we go out of it. Becouse she is studying now so she don't want her self to be in such case

Advocate Vaibhavi Sharma answered
As I have understood from your Question, your Sister and her friends have filed the complaint, as per the Police Record. Making them the Complainants in the said matter. Please note that the Complainant is only required in court at the time Recording of their Evidence, during the pendency of the trial. Generally it takes 1-2 court hearings. If in case your sister is being called more frequetly to the court, then i suggest please let an Advocate accompany her, in order to get a clear picture of the senario. Also, if your sister is hesitent to visit the court alone, then also she can be accompanied by an advocate.

Q: Police forcing me to quash a mobile theft case by going to court

Filed an FIR on January 23, 2016, for my stolen mobile phone under Section 379. After two years, now, the Police is calling me incessantly to appear in court to quash the case and close it once and for all. I do not want to do that. The police have said that they have put a lot of effort in the tracking but could not locate the phone/ thief. I just want to know whether I am obligated to appear to court and quash/ close the case. I really don't want to. Kindly help.

Advocate Vaibhavi Sharma answered
Once the FIR is registered, Police officials commence the investigation. After the completion of such investigation, a Report (called the 'Final Report/ Chargesheet) detailing the result of the investigation is sent to the Magistrate. In your case, Police officials were unable to trace the Mobile Phone or the theif. Therefore, they must have filed the Final report before the Magistrate for quashing of FIR. In such a situation, your presence is required in the court to either accept the reasons stated in the Report OR raise objections (in person or through an Advocate) before the Magistrate, mentioning the reasons as to why the investigation should continue. However, the decision will be made by the Magistrate Only.