Presence of pleader before framing of charge
velmurugan
(Querist) 02 March 2015
This query is : Resolved
Dear Sirs,
I have been fighting a corruption case and the case has yet to come for framing of charges,even though the charge sheet was filed some 2 years earlier.
I am in the process of changing my junior lawyer who handled my bail etc,and engaging a expert lawyer.
The case comes up for hearing almost every month and gets adjourned,noting the presence of all accused.It seems it may take another 2 to 3 years before framing of charges.
At the moment,My lawyer and myself ,both are being present at the court every month at adjournment dates.
My question to the experts are:
1) Is it absolutely necessary to have a lawyer representing you,while the accused himself is present on the date till the time of framing of charges.?
2)Would the judge insist for a pleader at this stage?
Thanking you in advance.
R.K Nanda
(Expert) 02 March 2015
1. better appear with lawyer.
2. yes.
Kappil Cchandna
(Expert) 03 March 2015
Dear,
Not required as such but it will be beneficial for you.Judge can ask ....
Kapil Chandna Adv 9899011450
Advocate. Arunagiri
(Expert) 03 March 2015
It is not mandatory to have a counsel for any case.
You can engage advocate at any stage of the case.
Yet it is advisable to face the criminal case with the help of an advocate.
P. Venu
(Expert) 03 March 2015
If you are interested in speedy disposal, you may request the Court.
Hemant Agarwal
(Expert) 03 March 2015
Kind Attention: velmurugan
1. Ask your "junior lawyer" to file an "exemption" application for you and let the junior lawyer "manage" & appear on your behalf, in your absence, till the stage of "pleading guilty /not guilty".
2. You may prefer to appoint an "experienced lawyer" at the time of cross examination and filing evidence and arguments, more so in a Criminal Trial. TILL THEN do nothing, since the Prosecution and Court also does nothing, for lack of time.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
malipeddi jaggarao
(Expert) 03 March 2015
I agree with the advice of expert Mr.Hemant Agarwal.
T. Kalaiselvan, Advocate
(Expert) 06 March 2015
As a matter of fact, you may ask your lawyer to file a petition to condone your absence on the dates of hearing until the charges are framed which will be allowed by the court. It is your decision to engage a senior and experienced lawyer to handle your case in the future.
Sudhir Kumar, Advocate
(Expert) 18 August 2018
http://www.lawyersclubindia.com/experts/Presence-of-pleader-before-Framing-of-charge-526136.asp
http://www.lawyersclubindia.com/experts/no-Witness-statement-540026.asp
http://www.lawyersclubindia.com/experts/evidentiary-value-of-the-shadow-witnesses-540371.asp
http://www.lawyersclubindia.com/experts/Arguing-one-s-own-criminal-case-542391.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
http://www.lawyersclubindia.com/experts/Marking-defence-exhibits--551201.asp
http://www.lawyersclubindia.com/experts/contradictions-during-cross-examination--550226.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
Why are you spreading facts on different pages. You gain nothing out of it rather run the peril of getting wrong advise based on half facts.
