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Mahesh Upadhayay (Professional)     13 September 2016

Can i defend court case by myself

Can i defned my case in court by myself as a lawyer.....?



Learning

 8 Replies

Sachin (N.A)     13 September 2016

Representing your case personally in court is your constitutional right.

Sudhir Kumar, Advocate (Advocate)     13 September 2016

You can                                  

Sachin (N.A)     13 September 2016

Appearing as party-in-person has many advantages like:

Focus on your case only.

less expensive 

less harrasment

Detail knowledge of the case.

But to take benifits of appearing as party-in-person one should have legal knowledge of that section in which you are going to appear.

Some members are saying on this platform that " u will be solely responsible for any debacle regarding d case." 

but remember if you hire a lawyer even then also " u will be solely responsible for any debacle regarding d case."

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Mahesh Upadhayay (Professional)     13 September 2016

Actually two month before two lady and one boy (minor) hit my wife and nephew. this 2-3 minutes incident is covered under my cellularphone as recorded. Now i want to register this as FIR which police is refusing, they are only considering as NC. But if you see video it is a physical body brutal attack. since other party has good local political support, thats the reason police is not reacting actively. i dont understand what to do...? Please help with proper advice.

Mahesh Upadhayay (Professional)     13 September 2016

Actually two month before two lady and one boy (minor) hit my wife and nephew. this 2-3 minutes incident is covered under my cellularphone as recorded. Now i want to register this as FIR which police is refusing, they are only considering as NC. But if you see video it is a physical body brutal attack. since other party has good local political support, thats the reason police is not reacting actively. i dont understand what to do...? Please help with proper advice.

Kumar Doab (FIN)     13 September 2016

You can.

If you have sound legal knowledge, how to file and proceed with case  and can argue then you may.

 

Prefer thru a very able counsel.

SurenderKumar (Advocate)     14 September 2016

in the above matter and corcumstances it is better to contact lawyer , you can directly proceed to S.P of other senior police department, you can file FIR on line also. it is best ot contact Advocate. ofcourse there is some exenses also , if you can't go to District Legal Service Authority of your District of near by court for Legal Assit. its free. 

 

Pawan S (06292021602) (Advocate)     14 September 2016

  1. If you want to appear as PARTY IN PERSON you can file a Petition u/s 302(2) Cr.P.C., 1973  for Criminal Cases and U/O-3, R-1, C.P.C,1908  for Civil Cases. You have the full right to appear as  a Party in Person to argue for your cases.

 

2. This is a cognizable offence.

If the officer in charge refuses to record information in relation to a cognizable offence, then follow the below steps.

  • If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

 

  • The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.

 

  • Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. 
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