Advocate Yuganshu Sharma

Questions Answered by Advocate Yuganshu Sharma

Q: Hi sir my case is pending in supreme court i want to expidite it

Mera sc ma ek case pending ha 2'5year sa how can i expidite it can i go article 32 or 142 please help

Advocate Yuganshu Sharma answered
file a mentioning note by your lawyer seeking the urgent and early hearing of the matter on the grounds of the mentioning and urgent listing. it should be allowed if you have any genuine grounds. if you need any assistance in your matter you may contact us for the same.

Q: Faculty who got involved with multiple students causing mental damage

Few months a faculty in our college got involved with me and later I found out with multiple students as well he emotionally manipulated me throughout those months he was dismissed from his role but dude to some other reason I was never able to tell people what happened with me so started posting about it on social media to spread awareness and get justice but that person had filed a cyber crime complaint against me I need guidance on what my right are.

Advocate Yuganshu Sharma answered
First, please understand that you have not committed any offence simply by speaking about your own experience, especially if your intent was to share the truth and raise awareness. However, under cyber laws and defamation provisions (Section 499 IPC and Section 66A/67 of the IT Act, as applicable), the other person may allege that your posts damaged their reputation. The key defence for you is truth and good faith — if your statements are true, made to protect others or to expose misconduct, they fall under the legal exceptions to defamation.That said, it is very important that you do not post or share further details about the individual on social media or public platforms while the cyber complaint is pending. Anything posted now may be misinterpreted as an attempt to target him personally. Instead, you should focus on pursuing justice through formal legal channels.Engage with the Cyber Crime Cell: If you receive a notice or call from the police or cyber cell, cooperate fully. Take copies of your posts, screenshots, and any proof showing that what you said is true (such as messages, emails, or testimonies from others). Mention clearly that your intent was awareness, not harassment.File a written complaint with your college administration or university’s Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Even though he has been dismissed, your complaint will create an official record and can be investigated formally. This will also strengthen your defence in the cyber case by showing your complaint had a legitimate basis.If the faculty member’s conduct involved emotional exploitation, coercion, or manipulation of students, it can amount to offences under Section 354A or 509 of the Indian Penal Code. You can file a criminal complaint with the local police or women’s police cell narrating your experience in detail. Other affected students can also file similar complaints — collective action helps establish a pattern of abuse.If you are summoned for the cybercrime case

Q: Sister in law ( brother wife). Issue

My sister in law is dragging us in all matter we are not even in talking terms wit her neither talk about or have any type of involvement with her still she is draaging us in between fight with brother and blacmailing/torturing him with abusing us daily . She even involved police. We got to know recently that she is planning to file false case against us what should we do.

Advocate Yuganshu Sharma answered
First, you should immediately prepare a written complaint addressed to the Superintendent of Police (SP) or Station House Officer (SHO) of your local police station, clearly stating that your sister-in-law has been threatening, blackmailing, and harassing you and that she is planning to file false cases. Mention that you have no communication or involvement in her marital dispute and that any false case filed by her should be investigated thoroughly before taking any coercive action. Keep a signed acknowledgment or a diary entry number from the police as proof that you submitted the complaint. This complaint will serve as your defensive record in case she later files any false allegations under Sections 498A, 406, 354, or the Domestic Violence Act.Second, if she has already approached the police or made any complaint against you, you can apply for anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC). This will protect you and your family from arrest while allowing you to participate in the investigation. Courts generally consider prior complaints and lack of direct involvement as strong grounds for granting anticipatory bail.Third, collect and preserve all evidence that shows you have had no role in her issues with your brother — such as call records, messages, social media posts, or witnesses who can confirm you have no contact or interference in their marital matters. This will help you counter any false allegations she makes.If she continues to harass or defame you by spreading false information or using abusive language, you can file a separate complaint for criminal intimidation and defamation under Sections 503 and 500 of the Indian Penal Code. You may also approach the Magistrate Court for a restraining order under Section 144 CrPC or file a civil injunction suit seeking a direction that she stop threatening or interfering with your family’s life.In parallel, inform your brother to maintain all written communication and avoid verbal arguments with her, as anything he says can be twisted against him. It is always advisable to communicate only through email or messages when absolutely necessary.To summarize:1. File a preventive written complaint with the police about her threats and likely false case.2. Keep all proofs showing non-involvement.3. Be ready to apply for anticipatory bail if she files any criminal complaint.4. If harassment continues, approach the court for protection

Q: Gaming company froud company name winzo sponser advertising by Ms dhon

Mujh Gaming froud company winzo k against case krna h kese process kru and koi lowyer h jo mera case after fess handal kr skta h pls cantact me m advance m koi charge nhi pay kr paungi

Advocate Yuganshu Sharma answered
If you believe that the gaming company WinZO has committed fraud, you can take legal action through proper procedure without immediately paying large legal fees. Since your issue relates to alleged cheating or fraud, your first step should be to file a written complaint at your local police station or Cyber Crime Cell. Mention all details of the incident — the app name, dates, transaction screenshots, messages, and the exact loss or misrepresentation. Request registration of an FIR under Sections 406, 420 of the Indian Penal Code (criminal breach of trust and cheating) and relevant provisions of the Information Technology Act.

Q: Am I covered under freedom of speech or is it defamation

I had hot argument with my cousin. I told him his wife is a whore to hurt his feelings. He told me he is going to file defamation complaint in an email. To further aggravate him, I told him he does not know that his wife is sleeping around. He is very offended and may file defamation suit. Am I covered under freedom of speech?

Advocate Yuganshu Sharma answered
From the details you’ve provided, your remarks toward your cousin’s wife — calling her a “whore” and saying she is “sleeping around” — are statements that can be considered defamatory under Section 499 of the Indian Penal Code (IPC) if they were indeed made and communicated to others. However, for your cousin to successfully prove defamation, the burden of proof lies on him. He must clearly establish that:1. You made the alleged statement;2. The statement referred specifically to his wife; and3. It was published or communicated to at least one person other than him or his wife, thereby harming her reputation.Unless he can prove these three essential elements, his claim will not stand. A defamation case cannot be sustained on mere assumptions, suspicions, or private exchanges without evidence of publication or harm to reputation.Even if the statement was made during a heated argument, the law requires proof of intention and publication. If no third party heard or read your remarks, it will not amount to defamation under Section 499 IPC. Your cousin must also prove that the words lowered his wife’s reputation in the eyes of others — not just that he felt offended personally.While your words are not protected under “freedom of speech,” since Article 19(2) of the Constitution allows reasonable restrictions to prevent defamation, the onus of proving the offence lies entirely on the complainant. If he cannot provide witnesses, recordings, or credible evidence showing that you made those remarks publicly or shared them beyond the two of you, the complaint will likely fail as being unsupported by proof.That said, as a practical matter, it is always wise to de-escalate family disputes rather than let them enter the criminal arena. If you regret your remarks, a short written apology or clarification that your words were said in anger and not meant literally could resolve the issue and show good faith in any future proceedings.In summary, while the language used is potentially defamatory, your cousin carries the burden to prove both that you made the statements and that they were published to others. Without such proof, any defamation claim would remain a mere assumption and not a sustainable criminal charge.