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Anonymous

Posted 8 months ago

How much time it takes generally to file for Anticipatory Bail in High Court, and what documents are needed ? Allegations being 376 and 316 IPC

A. Dear Client,
Filing of Anticipatory Bail at High court depends on case nature . But generally within 1 week . Documents needed FIR, and rejected order of lower court, affidavit.
You may consult for the same .
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Bhaskar  Mallela
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Kishan Dutt Kalaskar Retired Judge
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1 - For Anticipatory Bail in IPC 376 and 315; Rape and abortion; we should go directly to High Court or first to Sessions Court / Lower Court ? 2 - Can we do Anticipatory Bail and Quash together in High Court ? Or one by one ? 3 - Usually how many days it takes for Anticipatory Bail in High Court ? How many hearings ? 4 - What are the chances of Anticipatory Bail in High Court in in IPC 376 and 315; Rape and abortion; will chances increase if we employ a very senior famous Lawyer ?

A. Dear Client,
Firstly you should move for Anticipatory Bail to safe guard from being arrested, Yes there is no bar for filing together at High Court. But for filing Anticipatory Bail petition you will have to file at session court/ Lower court. Get it rejected order and then move to file at High court.
The Time frame can not be given however , within a Week from lower Court, and thereafter as per cause list Sr. no. and per day hearing of by the concerned court.
Pls. consult for the same , if yo ...ReadMore
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Lower sessions Court has rejected Anticipatory Bail in Rape and Abortion IPC, we are going for High Court, what are the chances. Please advise. NBW has been issued against accused already way back now.

A. Dear Client,
As your case is cognizable for the offence, you should without any delay get it file for Anticipatory Bail at High court.
See, possibility of getting AB depends of allegations, imposed in FIR; And ground taken in AB Application, and the court's view in which case listed . You may consult for the same for draft of AB petition and for fling and arguing . Pls Rate / review , Thanks
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
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Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Mohammad Ghouse Syed

Posted 10 months ago

A whole sale medicines distributor sold medicines medicines to retail medical shop,both having valid drug licence. Subsequently,the same retailer started another nursing home& new retail shop in another town without drug licence & the retailer himself has transferred some medicine to new shop.The wholesaler has no knowledge about this.But the drug inspector conducted search of new retail shop & sized the medicenes.The D.I. also visited the wholesale shop but did not found any any information.In reply to the notice,the wwholseller furnished copies sale bills& sale extract of ledger.Inspite of this,the D.I.filed case before the Dist.Magistre adding the wholesaler as one of the accused apart from new retailer & other wholesalers.As a matter of fact we have not effected any sales to new shop.Wholesaler filed vakalat thru his lawyer.Is the case filed by D.I.is valid& maintainable?Is here any case law in favour of wholesaler?

A. dear client you should file for quashing of FIR in the high court and the criminal proceedings against the whole seller, Also, File a Writ Petition under Article 226 of the Indian Constitution.
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
ROBERT D ROZARIO
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Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
I was an informatics assistant (Computer operator) posted in sub registrar office Udaipur on dt. 23-05-2018. An application of duly stamp presented in the office of collector stamps on 28-03-2018. Collector stamps forwarded it to sub registrar on 24-04-2018. After site inspection by inspector, sub registrar valuation it and forwarded it to collector stamps on dt. 20-05-2018. Collector stamp pass an order of duly stamp on dt. 24-05-2018. Applicant deposited stamp duty through challen on dt. 01-06-2018. Document is pending in the office of collector stamps. Trap was organized on dt. 25-07-2018, complainant calls me and forced to meet, I recorded this voice call in my mobile. He give me rs. 50,000 under protest. Complainant not applicant, he is working in office of applicant. Applicant not involve in this matter. An fir was lodge against me u/s 7,13(1)(d), 13(2) of pc act. Charge sheet was filled against me on dt. 17-09-2018 without prosecution sanction but cognizance is pending. My appointing authority suspended me on dt. 07-08-2018. Basically it is a matter of stamp duty adjustment, after trap collector stamp dispatch this file to IG stamps for review, IG stamps wrote a letter to Principal secretary finance for guidance. PS found this judgment is wrong and order IG stamps for further proceeding. IG stamp ordered SR to file a review application for correction in judgment. I was not an employee posted in collector stamp’s office and not posted in SR office when file is pending in SR office. ACB not filled call records of applicant only file call records of complainant. From 4th june to 24th july, not a single call by me to complainant. ACB has no proof against me other than transcript. Involvement of free witness is in under suspect, ACB gives a letter to appointing office of free witness on 25-07-2018 but he receives letter on dt. 26-07-2018 (ACR create this after trap). Can I go for FIR quashing u/s 482.

A. Dear Client,
Yes, you can go.
First, find out a good Advocate who will take up your case.
If you can, it is fine, otherwise get in touch with Vidhikarya.com to arrange one for this case.
Shanti Ranjan Behera,
Advocate
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 Vishwabandhu  Chaudhary
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Satheesh Kumar

Posted 11 months ago

I have filed private complaint in sub court and respondent filed a quash in high court. Now hearing in subcourt will continue or only after finishing the quash case in high court hearing in sub court can be continue.

A. Dear Client,
I fully endorse the write up written by my ld friends. I have nothing new to add at this stage.
Shanti Ranjan Behera,
Advocate
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Deepak Yashwantrao Bade
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Ambrose  Leo
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Santosh Singh

Posted 1 year ago

FIR lodge under section 420/406. only against my brother. But in charge sheet police added section 174{A} , 120 (b) and chit fund act. Police apprehended my brother on 10 Oct 2017 and charge sheet filed on 13 Dec 2017 after 60 days and in main charge sheet no any witness mentioned name of his wife and my father. Antricipatary bail of Wife of my bother rejected on 28 feb 2018. She surrendered on 13 march 2018 and my father surrendered on 09 april 2018. Supplementary CS submitted by Police on 10 May 2018 just before completion of 60 days. Accordingly bail of 167(2) rejected. Thereafter 2 bail application application rejected by CMM and ASJ. Now bail application is in pending with high court in which IO submitted that more application is being received hence enquiry is pending therefore opposed bail application. All 03 pers are on Jail since mentioned above. Request intimate what I can do.

A. YOU CAN APPEAL IN HIGH COURT . For details, pl. contact some advocate through vidhikarya.com
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Rameshwar  Dadhe
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Sanjay Kumar Jha
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Dear Sir/Madam, Recently my tenant had done criminal activity and due to that my house door was sealed by the local police station in Muzaffarpur Bihar and I work outside Bihar when I came to know about this incident and went to local police station of my hometown Muzaffarpur Bihar the police officials were threatening me because that house belong to me when I ask how I can remove the seal and get access to my house so the police officials gave twisted replies and lengthy procedures. I request you to please guide me that what legal course of actions shall I take to get access of my house and to remove the seal. Your valuable guidance and suggestions will be appreciated.

A. You can engage a local advocate for the same.
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Manjula  Shanmugasundaram
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Dear Sir/Madam, Recently one of my tenant arrested due to some criminal property in my house in Muzaffarpur, Bihar and local police had put sealed lock on the house of my door I am working outside Bihar and when I came to know about this incident so I went to local police station and enquire about this matter but now I want the seal to be open and requesting the same to police officials so they are threatening and abusing me and telling very long process to claim back the possession of house and to remove the seal from the door lock of my house. Please tell me the best legal course of action I can take. Your guidance and suggestion will be appreciated.

A. Pl engage a local lawyer for the same.
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Darshan Jain

Posted 1 year ago

am complainant in my case.. I am distributor for led lights. I had done a distributor agreement with a party. I had taken 3 blank cheques @agrreement for credit sale.and also taken bg from bank for the same. After few months dispute with us for margin n days of credit . On that day outstanding towards them was 12 lakhs dated 30.9.2017. But in August 2017 he send me notice that he had done stop payment to all cheques and no dues with us . I showed to my lawyer that notice he advised me to encash bg as soon as . I did the same. For rs.4 lakhs .Dates 20.8.2017 In between that the party returned stock of 3 lakhs to me also. Dated 19.8.2017 My lawyer directed to fill a cheque with date 16.8.2017 as I received stop payment notice for 17.8.2017 . He filled the amount 6 lakhs and put the cheque for clearing on 22 .8.2017 .. actually total due when dispute stars was 12 lakhs .. I had received bank guarantee payment and stock after cheque date and before cheque bounce My lawyer send notice .. and not mentioned the facts of the receved stock and bg payment In court complaint also he did not mention. Now the opponent taking stand that cheque was given as security and was blank.. he also saying that after cheque date payment done to me.. I did mistake in writing date on cheque . Can judge consider this as mistake or consider as suppression of facts

A. It would be entirely depend upon the court's decision and stance.
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Deepak Yashwantrao Bade
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