The lawyer defending the accused goes underground impending arrest in a criminal case registered against the lawyer himself by the POLICE. The lawyer is not traceable for the last 9 months. All the important original papers & file related to the case against the accused are with the lawyer but are not traceable in his Office. In the absence of the papers and files the accused is not able to defend himself properly in the case against him
Can the accused request the concerned Trial Court to wait or keep in abeyance the proceedings till the Lawyer returns?
If the Trail Court does not stop the proceedings the accused is put to a situation of denial of his defence due to his papers being with so called Officer of the Court (The Lawyer) whose vakalatnama is on records with the Court!
Please answer my question looking to this fact that the accused is not being given the valuable Right to Defend for no fault of his
The fact that the lawyer is not traceable can be brought to the notice of the court. The court will ask you to file a written application and may direct the police to trace the lawyer and if the lawyer is not traceable to produce the documents which are holding back the case.
Habeas Corpus Petition in this case stands no ground as the police is already on lookout for the lawyer and the police is already doing its duty. But if it is brought to the notice of the court, the court may direct the police to make an extra effort to locate the lawyer.
Further you can lodge an application with the bar council against the lawyer.