LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Party in person

(Querist) 22 December 2016 This query is : Resolved 
Hello everyone,
I'm facing criminal case under section 498a. Under which section I can file party in person application?
P. Venu (Expert) 23 December 2016
There is no,formalities required for appearing party-in-person.
Rajendra K Goyal (Expert) 23 December 2016
You can appear as party in person, prey the court accordingly.

It is always better to have services of a professional.
Kanak (Querist) 24 December 2016
Sir I have filed application u/s 302 (2) crpc but app raised objection that the application itself is not maintainable.
Guest (Expert) 24 December 2016
Ms. Kanak,

Your query seems to be of an academic nature, as you have neither discussed the background of the case, nor there is any logic in defending case without the help of some very capable lawyer, nor you have quoted the reason for which your application has been treated as not maintainable u/s 302(2).

By the way, how you came to know about section 302(2)?

However, even if there is any truth in your story, you have tried to invoke a wrong section, as you are not a prosecutor.

If you really face a 498A case, better try to fight your case through some competent lawyer, as you may probably not be able to invoke relevant sections of law, as revealed from your last post.

Kanak (Querist) 24 December 2016
Sir I'm basically engineering student working as Assistant Engineer, having 4 sisters and one younger brother, I'm the only bread earner to my family, I cannot afford lawyer, Till now was having lawyer on behalf of me but it's been year yet charges have not been framed, my lawyer said during early hearings that no need to come to court he will file some application, but he didn't and NBW issued, later to recall he charged me 4000 rs. frankly to say I'm not in position to afford lawyer. I filed two applications one for me u/s 302 (2) and on behalf of my parents u/s 32 of Advocates act. I studied Little bit about 498a and dowry provision act, almost read all articles. I'm not saying I know the law, but I don't hv any other option than fighting by myself. While searching about party in person I came to know section 302. Hope I'll get help here.
Kanak (Querist) 24 December 2016
PP said that it is not maintainable because, it is for complainant and not for Accused.
Guest (Expert) 24 December 2016
The Free Legal Aid forums are available in all the courts.In the Concerned Court it self the concerned Magistrate Or Presiding Authority would Check whether Legal help is required to the accused Not having the Advocates.
Guest (Expert) 24 December 2016
You have not stated, how you came to know about section 302(2)?
Rajendra K Goyal (Expert) 24 December 2016
You are engineering student / working as junior engineer, in such case if due to improper / defense without the assistance of professional resulted in punishment, it may be harmful for your future.

This forced litigation need to be handled properly. May try assistance of / guidance from some known professional.

Avoid to be your own doctor when services of expert doctor required.

Rest depend on you.
Guest (Expert) 24 December 2016
Well advised by Shri Rajendra K Goyal.
Kanak (Querist) 24 December 2016
Thank you all.
Guest (Expert) 24 December 2016
You are welcome.
V R SHROFF (Expert) 24 December 2016
Advised to appoint a Lawyer
Rajendra K Goyal (Expert) 24 December 2016
Expert P. S. DHINGRA,

Thanks for agreeing.
Guest (Expert) 24 December 2016
You are welcome Rajendra ji.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :