Waht is the position of the case

B Guru Murthy (Querist) 07 September 2015 This query is : Resolved
Dear Members,

The Queriest is A1 in 498a.

A2 filed a Quash petition in the High Court. In result, interim stay granted. This was in 2011

The Advocate who pleaded our case become JUDGE. And this was in 2012.

We came to know this & we went to Advocate Office and we met his Father who is also Sr Advocate. He informed that 2010 cases are going on and said to wait till 2013.

Mean while Father of the JUDGE (then Advocate) expired, after few days we went to the ADVOCATE OFFICE. We came to know that all the cases of the JUDGE (then ADVOCATE) were taken care by his Son & his nephew. Both of them are advocates.
When we discussed about our case status they said to wait till 2014 till it gets listed.

We were following through phone once in quarter regularly in the year 2014, WELCOME 2015, 2014 also passed no response from them.

After that in JAN'2015 we went personally to know the status of the case. They said that our case was listed in DEC'2014. They did not even inform us about the same until we met & asked about the same. When we asked the same they simply said that that they tried to call us and said that we did not respond.

I did not know what to do and came back, after they said that we have to wait for some more time. Till no call from them???.

I'm running every month up & down to lower court only for attendance since 5 years, because QUASH petition is in STAY

Queries:
1. When will it get listed again, it is already 4 ½ years.
2. Many cases after 2012 are getting cleared. What about my case
3. Why advocate did not attend the case respond and did not inform us
4. A separate vakaltha is needed again for him, if so, whey did not he till date
5. Is there any problem from the ADVOCATE side.

Please enlighten me what to do in this regard.

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SAINATH DEVALLA (Expert) 08 September 2015
No now but in 2012 itself U should have given another vakalat to the new lawyer.As UR existing lawyer become a judge the previous vakalat is non existent.

ANSWERS TO UR QUESTIONS:

1.4 1/2yrs is a long time to get listed,better check up the concerned court.

2.Can't compare with other cases.If UR new lawyer was free enough he could have got it listed.

3.Can't say

4.Yes

5.Payment of fee could be the issue.U have to ascertain.

Now regarding section 482 is concerned go through the below mentioned para:

“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. "