Advocate Vishal Gupta

Questions Answered by Advocate Vishal Gupta

Q: Not filling the fir against criminals

Am serving ITBPF at UTTARAKHANDnOne civil person assualt me in uniform on duty.Police not filled fir and registered my case NCR u/s IPC 323and 506 police officer said you go to court and ordered investigation order given u/s 156 my question is where is my jurisdiction for magistrate order for this investigation order. My headquarter office at Delhi and am posted in uttarakhand.

Advocate Vishal Gupta answered
you can approach the local court and can move an 156(3) application to the civil judge (MM). because you are posted in uttarakhand d incident happens in there, so delhi's jurisdiction is no role in your case

Q: What if Rape is mentioned in FIR but not in 164

1. What if Rape is mentioned in FIR but not in 164.2. No Promise of marry as given in FIRn3. Already mentioned that physical intimacy happened before marriage discussion

Advocate Vishal Gupta answered
there is judgement in which it is clear that fails to marry or refuse to marry after certain time of relationship does not amount to rape. but if there is not rape mentioned in 164 then your case is strong from the defence side

Q: Sir/ma'amnI want to know the procedure to withdraw my pocso case or quashing FIR when my pocso case

Sir/ma'amnI want to know the procedure to withdraw my pocso case or quashing FIR when my pocso case is on defence evidence stage....guide me what can I do now ...thankyou

Advocate Vishal Gupta answered
you can't do anything if your case is in evidence stage you can just mention before judge for settlement but this too depends on your case and fact because pocso case is not compoundable offence. or you can just hostile your witness

Q: Can husband run away without settling the matter in the court?

Can husband run away , sell his house with family in other city without settling the matter in the court? If no what we should do not able to do so

Advocate Vishal Gupta answered
you can go with the attachment proceedings if your husband is not attending the court proceedings. also you can go for stay proceedings by move an application in concern court talk to your lawyer he'll assist you

Q: I am from Delhi and i had a relationship with a man from Jaipur. Initially it was consensual later w

I am from Delhi and i had a relationship with a man from Jaipur. Initially it was consensual later we discussed marriage and we took a decision. Post meeting his parents things got discorded between us as i didn't want to stay with his parents. I sent him emails to stating that he is a good person. Later as i was told by a lawyer to file a rape case, i fabricated the FIR and put 376 and 377 on him. I was also on matrimonial website when i was with him. i also gave him a handwritten note stating he did sex well. Now FIR is filed what should i do ?

Advocate Vishal Gupta answered
you can proceed with the process of court after filing of FIR rest depends on the your case how strong your advocate fighting for your right. and try to mediation proceedings may be things get Solved then just withdraw your case if everything is fine.