Abhishek Mawle (x) 30 June 2012

Abuse by other side advocate in presence of magistrate

I had filed a criminal complaint against my uncle for attempt to murder, my uncle filed a counter complaint against me alleging that I hit him, in the court hearing last week my advocate did not come to the court, the other side advocate started saying to the magistrate that my whole family is a chronic litigant, he further stated that my mother had filed charges of corruption against a high court judge and also my mother had filed rape cases against Assistant commissioner of Police and Deputy commissioner of Police. The whole narration is a concocted tale. What should I do to prevent such kind of incident to happen and what action can I take against the opposite side's advocate.

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3 Replies

(Guest)

Dear Abhishekh,

The submissions made by the Advocate whether have been recorded by the court is of importance. If the same has been recorded and noted down and you feel aggreived by the same, there being no proof to it and the same being concocted, sham and bogus, procure a certified copy of the statement recorded (if any) from court and prefer complaint as against the lawyer for making false submissions without any proof. You can as well sue him for damage caused to reputation.

Im case you need further guidance, feel free to communicate.

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MohammedRaffiq Bijapur (Advocate) 01 July 2012

Yogesh has rightly advised.

Sudhir Kumar, Advocate (Advocate) 08 July 2012

I will add that if the court has not recorded such submissions then you cannto take any cncrete action but you can certainly treat as expression of frustration on seeing chances of loosing case.