quashing of case
Querist :
Anonymous
(Querist) 08 February 2011
This query is : Resolved
i have a case on my name. its running in rajamundry. now i want to apply for quashing of that case in high court as i was given suggestion by my uncle that there is good chance of high court quashing the case as there is no evidence in it(chargesheet is filed saying that no evidence is there). But i dont want to inform about filing petition in high court for quashing
a) is it a good idea to not inform my lawyer
b) if i do so , in future is there any chance for my lawyer to came to know about this ?
c) can my lawyer in any way know about this ? if so can he cause any damage to me ?
why i want to apply for quashing with out telling my lawyer is he is not letting the case move further . he is dragging it completely with selfishness.
can some one answer all 3 questions of mine.
Basavaraj
(Expert) 08 February 2011
Hi Anonymous.
You can file/attend/appear/submit documents in any Courts in India at anywhere, either through personally or through Advocate/Lawyer.
First let me tell, why do you wish to file quashing petition without informing your Advocate (whatever reason maybe, you should meet and talk to him).
a) is it a good idea to not inform my lawyer-Legally speaking its not good idea. Its not professional.
b) if i do so , in future is there any chance for my lawyer to came to know about this ?- High Court will advice lower court for further action, then you will in sick, bacz you concealed the this matter to your advocate. Better ask your advocate to withdrawn from the case and take NOC from him and appoint another lawyer there will no harm for you.
c) can my lawyer in any way know about this ? if so can he cause any damage to me ?- Why not first of all you act will not in professional, no lawyers would sleep.
whatever may be the reason, if you are not okay with your lawyer, simply take NOC and then appoint another lawyer.
It is advisable to dont try this.
adv. rajeev ( rajoo )
(Expert) 08 February 2011
It is your duty to inform the filing of the writ to quash the charge sheet in the high court, because in the lower court he has to submit it before the Lower Court
