Professional ethics vs. grievances of the petitioner
mohanlal
(Querist) 08 January 2013
This query is : Resolved
For Quashing an FIR and all proceeding mandating therefrom in another state, I, the petitioner, prepared an application by writing like this:-
In the Gauhati High Court
Criminal Appellate Jurisdiction
Criminal Writ Petition No. _______ of 2013.
In the matter of articles 226
and 227 of the constitution of India;
AND
In the matter of section 482
of the Cr.P.C.
AND
In the matter of the FIR
Registered in … police station
AND
In the matter of the name and
addresses of the parties…
AND
In the matter of the Criminal Case
pending in ….SDJM(II) Court…..
AND
In the matter of Summon issued
to the petitioner from the
…SDJM Court …
Since the learned counsel did not send his draft of the application on time therefore I was forced to prepare the application as mentioned above. Thereafter I sent the petition with two affidavits. One affidavit in support of the petition and other supporting the documents annexed with the petition. I also notarized the petition along with the affidavits.
But just one day before the scheduled date for filing the said petition the learned senior counsel intimated that I cannot file the petition by saying that “it cannot be filed. It is defective both in form and contents.” He further intimated that “kindly take back the papers and fee”.
Now at this stage what can I do?
I had prayed in the petition for stay in the proceedings in the trail court and if it is not filed and not intimated the same in the trail court then warrant can be issued against the petitioner due to his absence in the trail court.
Kindly suggest your valuable suggestions and remedies available!
Warm Regards!!!
ajay sethi
(Expert) 08 January 2013
engage another counsel . get it drafted by another lawyer as earlier counsel had opined it is defective in form and contents
R.K Nanda
(Expert) 08 January 2013
contact local lawyer so that no legal point is left.
Raj Kumar Makkad
(Expert) 08 January 2013
Where is the scope for expert advice in your practical day to day problem. If a senior lawyer is not agreeing with you, contact another and engage him and do as per his advice.
