Tag: Advocate

Advocate gets bail in rape case in absence of ‘scientific evidence’

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New Delhi: A Delhi court has granted bail to an advocate who was accused of raping a woman advocate after noting that there was no scientific evidence, and the police did not seek custodial remand.
The court granted relief to the accused Jitender Kumar Gupta a.k.a. Sumit, against whom a female advocate lodged an FIR of rape at Bara Hindu Rao Police Station.
Deepak Shama, the counsel appearing for the accused, contended that the accused was falsely implicated in the present case.

“Applicant-accused and the prosecutrix both are practicing Advocates. The prosecutrix and the accused-applicant have been known to each other since 2019 and were in relation till October 2022. Prosecutrix is well known to the family of the accused,” Sharma argued.
He further argued that the prosecutrix has made false complaint with the police regarding the accused that he was her husband and was missing.
Sharma said that she only wanted to pressurise him to marry her despite the fact that he had got married with someone else.
“My client had filed a representation before DCP, Civil Lines, Delhi and thereafter, the prosecutrix lodged the FIR. There is no complaint against my client from 2019 to March, 2023. There is no scientific evidence in respect of termination of her pregnancy,” he said.
The court also noted that the police did not seek the custodial remand of the accused.

“The accused deserves benefit of Section 438 CrPC. Accordingly, the application is allowed and it is ordered that in the event of arrest of the accused Jitender Kumar Gupta a.k.a. Sumit, he shall be released on bail on furnishing personal bond in the sum of Rs 25,000 with one surety in the like amount. Accused shall join the investigation as and when required by the police and he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case,” the court noted while granting relief.
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#Advocate #bail #rape #case #absence #scientific #evidence
( With inputs from www.siasat.com )

April 13, 2023
Under RTI Act, Advocate seeks details of officials, meetings, expenditure spent on fake PMO official in Kashmir

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Srinagar, Apr 01: An Advocate from Srinagar has filed an application under RTI Act to seek details about expenditure spent on trips, accommodation and security of Gujarat man who impersonated as PMO official.
As per the news agency—Kashmir News Observer (KNO), the applicant has further sought details of the officials who held “official meetings” with conman; name of departments which spent “public money” on his transportation and accommodation.
As reported earlier, the Jammu and Kashmir Government has ordered an inquiry to probe into various aspects related to visits of alleged Gujarat conman, Kiran Patel to Kashmir during the past months and security arrangements made during his visit.
In his application, Advocate Aamir Masoodi has sought details of total amount spent on accommodation, transportation and other expenses of Patel on his last two visits to Kashmir.
An application addressed to Designated Information Officer in the office of Divisional Commissioner Kashmir, the applicant has also sought details of concerned department who has paid the whole amount on behalf of Patel on his last two visits to Kashmir.
It further sought name of government officials posted in Kashmir who had meetings with Patel during his visits to Kashmir.
Patel was arrested by Police from a five-star hotel in Srinagar for posing as an ‘additional secretary’ in the Prime Minister’s Office (PMO) and enjoying security cover besides other hospitality. On his arrest in Srinagar, FIR No 19 of 2023 was registered against him at Police Station Nishat for criminal intention and indulging in activities by employing high degree of forged means.
Additional Director General of Police (ADGP), Kashmir, Vijay Kumar has said they were checking the lapses in the present case and action will be taken against the officer involved.

“There was negligence on the level of a field officer and action will be taken,” Kumar said, adding that the police acted quickly against Patel when they got to know about the case.
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#RTI #Act #Advocate #seeks #details #officials #meetings #expenditure #spent #fake #PMO #official #Kashmir
( With inputs from : roshankashmir.net )

April 1, 2023
Advocate Shahid Azmi killing case: Bombay HC lifts stay on trial

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Mumbai: The Bombay High Court has vacated the stay on trial in the 2010 killing of criminal lawyer Shahid Azmi and rejected a plea filed by an accused seeking a change of the trial court on the grounds of “bias”.
Azmi was shot dead in his office in suburban Kurla on February 11, 2010.
At the time of his death, Azmi represented many accused in the 7/11 train blasts cases, Malegaon 2006 bomb blasts cases, the Aurangabad arms haul case, and the Ghatkopar blasts case. Hansal Mehta’s 2013 film Shahid’ starring Rajkummar Rao is based on the life and work of Azmi.
The prosecution case is that Azmi was killed at the behest of gangster Chhota Rajan.
The High Court stayed the trial in September 2022 after an accused Hasmukh Solanki moved an application to transfer the case to another sessions judge.
A single bench of Justice P D Naik on February 7 vacated the stay order and rejected Solanki’s plea seeking transfer of the case from the sessions judge in Mumbai, currently conducting the trial, to another sessions judge. Solanki had alleged bias by the present judge.
Justice Naik in the order said he did not find sufficient material on record to conclude that the trial court was biased against Solanki.
“The material on record is not sufficient to draw the conclusion that the trial court is biased against Solanki and that he would not get a fair trial before the said court. No case is made out for transfer of trial,” HC said.

Azmi had been in Tihar jail for 7 years after being charged under the now-repealed Terrorist and Disruptive Activities Prevention Act (TADA) for his alleged involvement to kill politicians.
He was later acquitted by the Supreme Court. Meanwhile, he obtained an LLB degree while in prison.
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#Advocate #Shahid #Azmi #killing #case #Bombay #lifts #stay #trial
( With inputs from www.siasat.com )

February 11, 2023
UP: Advocate held after woman alleges rape

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Agra: A senior advocate in Agra has been arrested by the New Agra police for allegedly raping a woman.
The victim threatened suicide if no action was taken against the advocate, the police said.
The victim alleged that the advocate raped her on multiple occasions, made obscene videos of the act and also extorted Rs 40 lakh from her.
She claimed she had approached the police many times but when no action was taken. Later she went to the Police Commissioner to narrate her ordeal.
The advocate’s phone had been stolen a few months back and videos and photos of his intimate moments with several women recorded on the phone, had gone viral on social media.
One of those women who said she was sexually exploited by the advocate, approached Agra Commissioner Preetinder Singh and said the advocate had called her to his house on January 4 and raped her after threatening to defame her by making her obscene videos viral.
Interestingly, the advocate had already filed a complaint against the woman at Sikandra police station, accusing her of demanding Rs 2 crore from him. The Sikandra police are already investigating this complaint.
The woman told reporters, “I had a dispute with my husband following which I came in contact with the accused as he represented me in court.”

She said during the lockdown, the advocate had started visiting her house and one day he moved into her house saying that he had a dispute with his wife and he wanted a place to stay for a few days.
During this period, the advocate raped her several times and also made obscene videos saying that a lot of money could be earned by selling these videos. Apart from this, the woman also alleged that the advocate took Rs 40 lakh from her to contest the election, which he is yet to return.
DCP Vikas Kumar said that the victim has accused the advocate of rape and other criminal offenses and the police have registered a case against him. The matter is being investigated and the accused has been taken into custody.
Police Commissioner Preetinder Singh said that the woman appeared before him and threatened that if no action was taken against the advocate, she would be forced to commit suicide.
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#Advocate #held #woman #alleges #rape
( With inputs from www.siasat.com )

February 5, 2023