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Vikas Jain (Advocate)     04 October 2013

How Can A Advocate Do This ??

Respected Seniors,

Request your kind attention, and seek your valuable advice on this subject.

 Here 04 are convicted u/s 375/376, in year 1999. Out of 04 accused persons 02 accused have died due to their ill health issues. Third accused is been absconding since 9 months , even the person who stood for his Bail has withdrawn from the case after following the due process under the Act. I am the 4th accused person who has settled almost 400 kms away from the periphery  of the Trial Court.  

 More over, the place where the Trial Court is situated is a small City ( Taluka Level ) wherein all the practicing Advocates are very much under each others influences. Here I mean to state is  “Lawyer’s have a pre mindset that even if my Client leaves me and engages any other Lawyer he can manage to mentally and socially harass his client who left him “.

 

Coming back to the point, my name in this matter was mis-interpreted, just because I was known to one of the two accused who have died now.  Nobody from the Complainant’s side has turned in Court for these past 14 years.  

 

Then, in 2011, my father was forced to file a Complainant against his friend to whom he lend (No interest) some money, this case was u/s 138 of The Negotiable Instru. Act and it was filed with the same Advocate who was also contesting my case.  My father and this Lawyer were good friends during the period when this Advocate was struggling in his initial days.

 

After contesting my case for last 14 years and my father’s case for last 2 years, one day this Advocate told my father that he should withdraw this case and as nothing will happen in this case.” The reason why this Advocate gave such statement was, that the person against whom my father has logged a complainant has engaged a Lawyer who is son of the Sr. Advocate under whom Our Lawyer joined as Junior and learnt the Practice. Later on my father went to the office of our Advocate and took his file and has now engaged a New Lawyer.

 

In my matter, this Advocate has started playing the dirty tricks like not submitting my non-attendance report to Court due to which the Court issues the Warrant and Police harasses my family mentally and financially both. Even he has stopped informing at the adjournments of dates.

 

My queries are ,

1)     Is there a provision in CrPC that I can plead  to the Trial Court to grant me the exemption to present in the case till the 3rd absconded accused appears before the Court ?

2)      Can I file a application u/s 191 to transfer my case to the place wherein I am working and feeding my family ? Will the Court allow me to do that ?  

3)     Pl. guide me as to how can I get rid out of this case as the earliest.     

 

I urge to all Senior Advocate to help and guide me through this.  

Regards

Vicky



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 October 2013

Dear Querist

my opinion on your queries are as under:

1)     Is there a provision in CrPC that I can plead  to the Trial Court to grant me the exemption to present in the case till the 3rd absconded accused appears before the Court ?

Opinion: file an application u/s 205 of Cr.pc

 

2)      Can I file a application u/s 191 to transfer my case to the place wherein I am working and feeding my family ? Will the Court allow me to do that ? 

Opinion: section 191 of Cr.pc will not be applicable in your case read the section carefully

191. Transfer on application of the accused.

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (I) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall ba transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

STATE AMENDMENTS

Punjab Union Territory of Chandigarh.

In section 191, for the words “clause (c) of Sub-section (1) of section 190″ substitute the words “section 190A” and for the words “Magistrate” and “Chief Judicial Magistrate” substitute the words “Executive Magistrate” and “District Magistrate” wherever occurring.

 

3)     Pl. guide me as to how can I get rid out of this case as the earliest.     

Opinion: send a detail mail to me with all the relevant documents for best advise


Vikas Jain (Advocate)     14 October 2013

Respected Nadeem Saab,


Assalaam Valekum,

First of all, I tender my apology for reciprocating so late and thank you very much for your Valuable advice.

Sir, I shall file the appl. u/s 205, for the exemption of attendance purpose in the Trial Court.

However, I was looking to get the aforesaid case Transferred in High Court. Sir I seek your opinion on to whether SCA to filed under Article 226, 227 for intervention of High Court.

Over and Above, with your due permission may I send you the copy of FIR & Charge sheet ( Translated in English) for your better understating , either a soft copy ( scanned ) on you email id or a Hard copy through courier, whatsoever is convenient?

Regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Dear Querist

walekum Assalam

You can send the documents either scan copy over the mail or send a copy via post

Vikas Jain (Advocate)     15 October 2013

Thank You Sir,

I will send you whatever is convinent


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