Types of Criminal Cases We Handle
Advocate Gajanan Shaw provides defence representation across the entire spectrum of criminal litigation in Kolkata:
Bailable and Non-Bailable Offences: From securing bail at the earliest stage to contesting the charges at trial, comprehensive representation is provided for both bailable and non-bailable offences under the BNSS, 2023.
Economic Offences and White-Collar Crime: Cases involving cheating (Section 420 IPC), criminal breach of trust (Section 406 IPC), forgery (Sections 465-471 IPC), and offences under the Companies Act require a nuanced understanding of both criminal and commercial law.
Cybercrime: With the rise of digital transactions and online activities, Kolkata has seen an increase in cybercrime cases. Advocate Shaw defends clients accused of offences under the Information Technology Act, 2000.
Offences Against Person and Property: From grievous hurt (Section 326 IPC) to mischief (Section 425 IPC), theft, robbery, and dacoity, every case receives meticulous attention.
Matrimonial Offences: Dowry harassment (Section 498A IPC), cruelty, and related charges are handled with sensitivity and strategic acumen.
NDPS Act Cases: Narcotics cases carry severe penalties. Advocate Shaw has a strong track record of securing bail and acquittals in NDPS matters.
Our Approach to Criminal Defence
Every criminal case begins with a thorough analysis of the FIR, complaint, charge sheet, and supporting evidence. Advocate Shaw believes that early intervention — ideally at the stage of investigation or first production before the magistrate — can significantly alter the trajectory of a case.
Pre-Arrest Strategy: If you apprehend arrest, anticipatory bail can be sought under Section 482 of the BNSS, 2023. Advocate Shaw prepares compelling applications demonstrating that the accusations are false, motivated, or that the applicant is a law-abiding citizen willing to cooperate with the investigation.
Post-Arrest Representation: Once an arrest is made, the priority shifts to securing regular bail. The application must address the gravity of the offence, the likelihood of the accused absconding, the risk of evidence tampering, and other factors that courts consider.
Trial Defence: At trial, the prosecution must prove its case beyond reasonable doubt. Advocate Shaw excels at cross-examination, highlighting inconsistencies in witness testimony, challenging forensic evidence, and presenting defence witnesses and documents that create reasonable doubt.
Appeal and Revision: If a conviction occurs, appeal lies to the Sessions Court or the High Court. Advocate Shaw handles criminal appeals and revisions with the same rigour as trial work.
Kolkata Courts We Appear In
Advocate Gajanan Shaw regularly appears before the following criminal courts in Kolkata and its suburbs:
Bankshall Court (Chief Metropolitan Magistrate): Located on Bankshall Street, this is one of Kolkata's busiest criminal courts, handling thousands of cases ranging from petty offences to serious crimes. Advocate Shaw's chambers at 14 Hare Street are directly opposite Bankshall Court, ensuring immediate access for clients whose matters are listed here.
Alipore Sessions Court: The Sessions Division at Alipore hears serious offences, appeals from magistrate courts, and cases committed by magistrates for trial. The court complex houses multiple Additional Sessions Judges.
Calcutta High Court: For bail in non-bailable offences where the Sessions Court has declined relief, criminal writs, quashing of FIRs, and appeals, the Calcutta High Court is the forum. Advocate Shaw has extensive experience arguing before the High Court.
Barasat Court, Barrackpore Court, Bidhannagar Court, and Sealdah Court: These suburban courts serve the Greater Kolkata area, and Advocate Shaw appears in matters before all of them regularly.
Why Choose Advocate Gajanan Shaw
Choosing the right criminal lawyer can be the difference between acquittal and conviction. Here is what sets Advocate Shaw apart:
15+ Years of Experience: With over a decade and a half of dedicated criminal practice in Kolkata, Advocate Shaw has handled thousands of cases and understands the pulse of the city's courts.
Strategic Thinking: Every case is approached as a unique puzzle. Whether it's identifying procedural lapses in the investigation, highlighting contradictions in prosecution evidence, or negotiating with the complainant for a compromise where the law permits, the strategy is always tailored.
Accessibility: Located at 14 Hare Street, opposite Bankshall Court, Advocate Shaw's office is easily accessible from all parts of Kolkata. Emergency consultations are available.
Client-Centric Approach: Legal jargon can be intimidating. Advocate Shaw explains every development in plain language, ensuring clients understand their position at every stage.
Result-Oriented: The ultimate measure of a criminal lawyer is results — bail granted, acquittals secured, sentences reduced. Advocate Shaw's track record speaks for itself.
Key Legal Provisions in Criminal Defence
Understanding the applicable laws is crucial. Here are some key provisions frequently encountered in criminal defence:
Bail Provisions under BNSS, 2023: Sections 478-496 of the Bharatiya Nagarik Suraksha Sanhita, 2023, govern bail in India. The law distinguishes between bailable offences (where bail is a right) and non-bailable offences (where bail is at the court's discretion).
Anticipatory Bail (Section 482 BNSS): When a person has reason to believe they may be arrested for a non-bailable offence, they can apply for anticipatory bail.
Quashing of FIR (Section 528 BNSS / Article 226 Constitution): The High Court has inherent powers to quash criminal proceedings if the FIR, even taken at face value, discloses no offence.
Discharge (Section 262 BNSS): If the prosecution evidence does not make out a prima facie case, the accused can be discharged before trial.
Plea Bargaining (Chapter XXIII BNSS): In certain categories of offences, plea bargaining allows for a reduced sentence in exchange for a guilty plea.
Frequently Encountered Criminal Offences in Kolkata
Based on Advocate Shaw's experience, here are the most common criminal matters that come before Kolkata courts:
Section 420 IPC (Cheating): Often arising from business transactions, property deals, and financial arrangements gone sour. These cases require careful analysis of the transaction documents to determine whether the act was genuinely criminal or merely a civil breach of contract.
Section 498A IPC (Dowry Harassment): A frequently invoked provision in matrimonial disputes. The Supreme Court has issued guidelines to prevent misuse, and Advocate Shaw ensures that false allegations are vigorously contested.
Section 323/324/326 IPC (Hurt and Grievous Hurt): Assault cases range from simple hurt to grievous hurt caused by dangerous weapons.
Section 379/380 IPC (Theft): Theft cases require careful examination of the evidence of ownership and possession.
Negotiable Instruments Act, Section 138: Cheque bounce cases straddle the line between civil and criminal law and are among the most frequently filed cases in Kolkata's magistrate courts.