Summons issued through counter fir despite being a victim of assault
Anand Paul
(Querist) 17 March 2015
This query is : Resolved
hi
i have moved to a new residence and stayed there for the last 13 years and recently a cousin of mine got a phone call from a constable summoning me to appear in court over a case in which i had lodged an fir about 14 years ago in which i was beaten up by some known hoodlums in a crowded marketplace and i had got a medico legal report made then.
The whole incident was instigated by the perpetrator's girlfriend needlessly arguing with a local friend and then threatening to have him beaten up. When the goons came, i intervened and six or seven young men ganged up and assaulted me. None of my friends, all of whom were teenagers then had come forward to fight or intervene and the person who was supposed to be beaten up actually ran away.
I later learned that that friend had come back with a hockey stick and one of the goons whom i named in my fir ( after asking about him from people in the market ) hurt his head on a stone stair piece and then claimed that we had hurt him first.
I missed the date of summons which was on the 13th of March, 2015 as my cousin only told me about the matter after the said date had passed.
I had not mentioned the full cause of the argument in my original fir to protect my friends from harrassment and i am not in contact with any of them anymore anyway. What happens now and how should i defend myself from this travesty of justice ?
If I have to involve a lawyer how can i find one practising in Saket who is neither too expensive nor tries to swindle me ?
Please help !
Dr J C Vashista
(Expert) 17 March 2015
You are to find out lawyer practicing in Saket Courts yourself. However, you will have to choose either cheap or prudent.
Devajyoti Barman
(Expert) 17 March 2015
Appear in the next date , else warrant will be issued.Meet the PP while attending the court who will guide you what to depose in court.
You may not need a lawyer as PP will be in your side.
ajay sethi
(Expert) 17 March 2015
agree with mr barman
malipeddi jaggarao
(Expert) 18 March 2015
On your complaint police acted belatedly. However, since a case is filed on your behalf by the police, your presence is necessary. As rightly advised by experts, this case will be presented by public prosecutor on behalf of the police and you need give evidence on your the contents of FIR. The PP will guide you before hand. Better you contact the concerned police station who will arrange meeting with PP for guidance.
Anand Paul
(Querist) 18 March 2015
Thank you Sirs for your prompt reply. I appreciate the advice. But for the last part of my query, if i may be allowed to rephrase: Is Rs. 15000/- as the initial fee for a lawyer to take such a case normal ? Are there any statutory regulations for how much fee a lawyer can charge depending on the sections a person has been chargesheeted under ?
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
No expert here can discuss or advise you about the fee likely to be charged by an advocate you would like to engage. You search for a lawyer and bargain the fee if you find it to be too high. This is almost a petty assault case hence a lawyer may not charge heavily.
