Hemesh Gogoi

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Imagine you have just been notified that a proclamation order has been issued against you, labeling you a proclaimed offender, while at the same time an FIR has been filed and a matrimonial dispute has turned into a criminal complaint. Such compounded legal threats can freeze your assets, bar you from leaving India, and damage your personal and professional reputation. Hemesh Gogoi is the advocate who combines high‑court expertise and Supreme Court advocacy to dismantle each of these challenges for NRIs. With extensive experience before the Punjab and Haryana High Court and a proven record of successful appeals before the Supreme Court of India, Hemesh focuses on FIR quashing, removal of proclamation orders, and defence of NRI matrimonial criminal proceedings.

The lawyer’s core competency lies in filing FIR quashing petitions under Section 482 of the Criminal Procedure Code, leveraging the High Court’s supervisory jurisdiction to stop investigations that are baseless or initiated with malicious intent. Over the past nine years, Hemesh has secured dismissals for NRIs accused of offenses ranging from alleged money laundering to fabricated personal dispute claims. By assembling robust documentary evidence, securing affidavits from overseas employers, and exposing procedural lapses in the FIR’s registration, the advocate can convince the bench that the case lacks merit and must be set aside. The lawyer routinely assists clients in obtaining an immediate stay from the High Court, preserving the client’s freedom to travel while the matter is examined.

Proclamation orders and the resultant ‘proclaimed offender’ status are powerful tools that law enforcement uses to compel appearance, often without giving the accused a chance to contest the allegations. Hemesh Gogoi regularly challenges such orders by filing petitions that argue the proclamation violates constitutional guarantees of personal liberty and the right to a fair hearing. The advocate draws on Supreme Court precedents that restrict the issuance of proclamation orders unless strict procedural safeguards are met, and presents evidence that the accused is residing abroad and remains cooperative with investigative agencies. By securing a quash of the proclamation, the lawyer removes the cloud that can freeze bank accounts, seize property, and bar international travel.

Family disputes that spill over into criminal complaints are especially perilous for NRIs, as they can trigger FIRs, arrest warrants, and even proclamation orders. Hemesh Gogoi specializes in navigating these intertwined challenges, defending clients against false allegations of domestic violence, harassment, or criminal intimidation lodged by spouses. The advocate files counter‑applications for discharge, seeks protective orders to prevent misuse of the criminal process, and, when necessary, escalates the defence to the Supreme Court to obtain a definitive declaration that the criminal complaint is an intimidation tactic. By meticulously gathering electronic communications, international travel records, and testimonies from witnesses abroad, the lawyer builds a compelling narrative that demonstrates the matrimonial dispute is civil in nature and should not be pursued criminally.

Clients consistently highlight Hemesh Gogoi’s proactive communication, swift action on urgent relief, and strategic use of both High Court and Supreme Court avenues. The lawyer’s track record includes quashing FIRs that blocked overseas employment, removing proclamation orders that froze family assets, and securing Supreme Court rulings that protect NRIs from being coerced into unfavorable settlements in matrimonial disputes. By choosing a lawyer who integrates FIR quashing, proclamation removal, and matrimonial criminal defence, you gain a partner who safeguards your freedom to travel, protects your financial stability, and defends your personal reputation. A focused consultation can clarify the strengths of your case, outline the most effective court strategy, and establish a clear timeline toward complete resolution.

Criminal Law Practice Areas