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Vakalat in criminal proceedings

(Querist) 05 August 2009 This query is : Resolved 
Ld counsels,

On the first appearance before the Judicial Magistrate is it required to file vakalat confirming the representation of counsel for the accused.

Will the court ask any details about appointment of defense counsel at first appearance. Charges are not yet framed, only the charge sheet is filed.

Please clarify
mahendra rai jain (Expert) 05 August 2009
We can represent the case of accused only after filing a vakaltnama. but it is not necessary to file on very first date. Generally we have present the bail on date of filing of chargesheet with the vakalatnama.
Kiran Kumar (Expert) 05 August 2009
Mr. Jain is right.

if the court has asked this question then the judge might have asked for the purpose providing some legal aid to the accused.

otherwise not necessary to file vakaltnama at the very first date...if u intend to represent the accused then yes u ll ve to file instantly.
Sarvesh Kumar Sharma Advocate (Expert) 05 August 2009
in ruteen u file vkalatnama and take copies of the case in which the detail of the case and the virsion of evidance are given.
magistrate will not ask but u can ask 2 magi. about of copying of d cse if copying is not avilable.
K.C.Suresh (Expert) 06 August 2009
Either you file vakkalath or memo of apparence. Memo is a temperory arrangement.
RAKHI BUDHIRAJA ADVOCATE (Expert) 06 August 2009
Mr. K.C. Suresh is absolutely right.
kranthi kiran (Expert) 06 August 2009
No need to file vakalath or memo of appearence on the first appearence. Need of advocate arises at the stage of trail, after the acused denying the commison of of offence in the examination, and fraing of charge. If the accused is not in a position to engage adovcate. Court can provide legal aid by appointing the advocate from the panel of legal aid counsels,if the accused desires so.
G. ARAVINTHAN (Expert) 12 August 2009
Memo0 of Appearance is different thing - in which you can not get signature of the accused

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