Best Criminal Lawyers In Chandigarh

You can do several things to make sure that this does not happen to you. You may try to calm the situation which may result in FIR. This includes pacifying the opposite party. This can also be done by intervention of elders, respectable persons or members of panchayat if you are residing in a village.

Example – Client approached us stating that he was afraid that his girlfriend will register FIR alleging rape against him. He told us that his wife and his family knew everything. A slight modification of above advice helped him.

Apart from this, in some cases it is advisable to send legal representations and approach senior officials with applications to bring your case before the police. Police has power to refuse to register FIR.

Did you get the complaint drafted from a criminal lawyer in Chandigarh? Send the complaint by registered AD to the SHO and SSP. If no action is taken, you can approach –

1. Punjab and Haryana High Court under section 482, CrPC – Lalita Kumari’s case
2. Human Rights Commission – statutory powers
3. Magistrate under section 156, CrPC

Which approach is to be followed depends on facts and circumstances of the case.

Run. Hide. Hire a lawyer ASAP.

The moment FIR is registered against you, police has power to arrest you. Before that happens, you must hide yourself from police and get anticipatory bail. Change both sim card and mobile phone and do not call or contact any relative or friend who lives nearby.

Example – one of our client’s co-accused was part of CBI investigation. He told us the CBI was unable to get him because he never contacted anyone. Even our client didn’t know his whereabouts.

Anticipatory bail is filed when a person has not been arrested and he is afraid that he might be arrested. Women and old persons have better chance to get anticipatory bail. Further, if no act is attributed to a person, chances of his anticipatory bail are very high. To get anticipatory bail, best arguments are –

1. There is no allegation against petitioner
2. Inspite of allegation, how petitioner is innocent
3. Evidence is based on documentary evidence and nothing is to be recovered from petitioner

If a person has already been arrested, he should get regular bail. A person is detained to ensure that he does not run and that he cooperates with investigation of police. Time to file regular bail depends on facts and circumstances of each case.

Example – Father of a person accused under The Protection of Children from Sexual Offences Act (POCSO Act) told us that his son was in jail for 2 months. We told him that depending on his case, he should file regular bail. Regular bail was granted on very first hearing.

Police in India is highly biased. In case police is helping the accused person, a criminal lawyer in Chandigarh can file direction petition under section 482 of CrPC to direct police authorities to properly investigate or even to transfer the investigation to other police authorities or to CBI.

It depends on the contents of FIR or criminal complaint. Quashing means cancellation. FIR can be quashed on limited grounds. Some of the grounds for quashing of FIR or criminal complaint are –

1. On bare reading of FIR, no offense is made out
2. FIR has been registered with malafide intention to get revenge
3. Indian courts do not have jurisdiction to try the offence

Now we are going deep. Some judges say that quashing cannot be filed unless a person is on bail. This is because they believe that in quashing, if the stay the proceedings, the petitioner gets same relief as in bail. They say that “process of law cannot be used to evade law”. We respectfully disagree with their lordships.

As per Ajay Mitra v. State of M.P., (SC) 2003 AIR (SC) 1069 – “19. The High Court has held that the Petitions filed by the appellants for quashing the complaint and the F.I.Rs. registered against them are premature.  The question which arises is that where the complaint or the F.I.R. does not disclose commission of a cognizable offence, whether the same can be quashed at the initial stage ? This question was examined by this Court in State of West Bengal & Ors. v. Swapan Kumar Guha & Ors., AIR 1982 Supreme Court 949 and it was held that the First Information Report which does not allege or disclose that the essential requirements of the penal provisions are prima facie satisfied, cannot form the foundation or constitute the starting point of a lawful investigation. It is surely not within the province of the police to investigate into a Report (F.I.R.) which does not disclose the commission of a cognizable offence and the Code does not impose upon them the duty of inquiry in such cases. It was further held that an investigation can be quashed if no cognizable offence is disclosed by the F.I.R. ”

But again, it depends on facts and circumstances of each case.

Some times judges have their own perception about law and how it is applicable on facts. If a judge refuses to quash FIR, then –

1. You can withdraw the petition to quash the FIR or,
2. Get the petition decided on merits and approach Supreme Court for consideration.

There are certain situations where a person can re-file quashing petition again after withdrawing it.

This is one of the best case for quashing of FIR. Punjab and Haryana High Court has decided innumerable cases where FIR has been quashed and parties have been instructed to file civil suit.

There are many ways.

• Never be angry or shout at your wife or abuse her or her parents
• If you think she may complain in police against you, start living separately from your parents and family. This may protect them in case FIR is registered
• Never reveal your salary or source of income to your wife
• Transfer all property to your parents name. Always tell your wife and her family that whole property belongs to self earned income of your father
• Do not have children if you think you might be separated or divorced in future
• Keep her recordings
• Take an affidavit from wife before registering marriage that marriage was without dowry
• Never show your passport, license, adhar card to your wife.
• Do not take her to expensive honeymoon or travels – hide your finances

First, get anticipatory bail. After that, you can consult a lawyer in Chandigarh and file quashing of FIR or criminal complaint.

Suspension of sentence in heinous offenses should not be filed too soon after order of conviction has been passed. But again, if facts are strong, one must take chances.

Example – In a murder case, we were able to get the sentence of a convict suspended in less than three months. Therefore, no hard and fast rule exists.

You should file suspension of conviction as soon as possible. You may lose your job if conviction order is not suspended. Suspension of conviction means the order of conviction, and not merely order of sentence is suspended. Not only the person remains out of jail, but also the adverse effects of conviction are nullified.

File a complaint alleging that your boyfriend had physical relations with you after making promises of marrying you. If the complaint is properly drafted, you will not have to consult a lawyer in Chandigarh again.

In such a case, ingredients in FIR have to be studied.  Filing quashing petition in Punjab and Haryana High Court can solve your problems.

Not every case is good case for CBI. Sometimes, even murder cases are not referred to CBI. It has to be shown that the accused are influential and they have influenced the investigation. High Court Chandigarh can suo motto give investigation to CBI.

No. First get order of PO quashed from Punjab and Haryana High Court. In the process, you might get bail or you might have to file separate application depending on facts of the case.

• In a murder case which was based on circumstantial evidence, the allegations on our client was that he committed murder of his wife, father learned mother-in-law. In this case there were no eyewitnesses and clothes of both the accused and the deceased were stained with blood. However the prosecution did not send the clothes for forensic examination and no evidence was put forth by the prosecution that our client was alone in the house when the deceased were murdered. Our client was acquitted because Punjab and Haryana High Court at Chandigarh gave the benefit of doubt.
• Our client had complained that she was raped by the accused person. The accused person took an alibi that at the time of rape he was attending classes in the school. He also produced the school register to prove the fact that he was not present at the place of occurrence. However Chandigarh High Court convicted the accused on the grounds that the school attendance register was not conclusive fact and the evidence had to be collaborated by other facts.
• In yet another case, our client registered an F.I.R. that his brother was murdered. The entire case was based on ocular evidence. In this case the Doctor who conducted postmortem was not medically examined. Since the entire case was based on ocular evidence, medical evidence if any was nearly collaborative in nature. Chandigarh High Court convicted the accused person and the stand of our client was vindicated.
• In yet another case, our client was assistant clerk of a company. In a cheque dishonor case, criminal liability was fastened on him. It was held by the Punjab and Haryana High Court at Chandigarh that since the accused person, our client, was not a director or managing director, he could not be held responsible because he was also not in charge of and responsible for any conduct of business and no specific averment had been made against him in the complaint.
• Our client was convicted under section 324 of Indian Penal Code and he was sentenced to undergo period of six months. In an appeal, the parties settled the dispute and express the willingness to compound the offense. It was held that for the benefit of the society, the offense could be compounded with the permission of the court.