azure (self) 21 March 2014

Lawyer is stalling me?

Hi,

In short.. I had filed a criminal case against my FIL which resulted in a FIR and he has escalated this to High Court.

Before escalating, he had visited my Lawyer, to try and compromise. I found this out through my Lawyer only.

I was told by my Lawyer that FIL will visit again 2nd time to talk to me and settle this but I have not received any further update from him about this.

After the matter reached High Court, I received a notice to appear before 15 days to challenge this as FIL was attempting to Quash the FIR. I immediately (without suspecting anything) told this to my Lawyer. He told me that he will appear with my waqalat and i need not worry.

He then told me that High Court will issue a date when this case will be tried.

Now almost 3 Months have passed, everytime i call lawyer, he excuses out sometimes saying that Court is currently on holiday so strategically FIL has taken this step in this period, anyway the date will be given, and asks me to calm down.

I could be wrong in suspecting any foul play here (but i can blame this on my ignorance about the system) but I guess my only question to the Experts here is, Can the High Court take so long to issue a date?

Even if there are thousands of cases that the Court deals with, shouldnt atleast the date be given .. say 6 months from now or.. 1 year ?

I am only concerned as he had visited my Lawyer personally and do not know for sure the proceedings of this for sure.

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14 Replies

Jayendra Sevada (Advocate) 22 March 2014

Check the case status over the court website.

Vicky (Engg) 22 March 2014

hi bro, i salute u for ur daring step by filing criminal cases against FIL. cn u pls let me knw which cases u hve filed on him, so that i can also file ........pls help me brother!

Shantanu Wavhal (Worker) 22 March 2014

nothing wrong if FIL talks to your counsel.

get certified copies of all the exhibited documents in all the cases & also Roznama of each case.

u will come to know the facts.

case status can be known @ HC website.

azure (self) 22 March 2014

Thanks all. I have acquired status from HC website.. it is mentioned interim stay for my FILs attempt to quash the case.. status shows case pending. Also.. last status is pending for admission. Im wondering if i can know the reason for interim stay or why its awaiting for admission. Vicky.. i had filed 420 and defamation case as my parents and i were wrongly blamed for false dowry case.

azure (self) 22 March 2014

Gautam Kapoor (IT professional Studying Law) 23 March 2014

Vakalat is a representation - Has your lawyer filed counter to vacate the interim stay order.

azure (self) 23 March 2014

The applicant for high court case was my FIL. HE wants to admit a case to quash the FIR thats against him. So I am wondering.. if the stay on case is good for me or bad. My Lawyer has not filed any counter for stay. If the stay is removed then he will be arrested or case will be tried..?

Gautam Kapoor (IT professional Studying Law) 23 March 2014

My Lawyer has not filed any counter for stay WHY ?

. If the stay is removed then he will be arrested or case will be tried..? will be tried first

azure (self) 23 March 2014

I am going to ask my lawyer. I dont think he is informed also.. he probably is taking it easy or as i suspected might have coluded. The thing is... in the family court, which i had filed first against FIL he had already produced a statement... "while admitting the allegations, i do not have any problems granting the relief for the applicant".. so he was already guilty And before filing the high court appeal he first corrected the statement... changing "while" to "without".. can he judiciary accept this change ?

azure (self) 23 March 2014

I also got a notice that he was trying to correct the statememt... i told me lawyer and he said he will oppose that... but later i came to know that he did not appear in court and the correction was made..

azure (self) 23 March 2014

T. Kalaiselvan, Advocate (Advocate) 25 March 2014

Once you came to know that your lawyer was visited by your FIL on the dispute issue, you should have been cautious about your lawyer and should have changed him immediately. Now it is too late for any salvage action because your lawyer never initiated any action against your fIL's quash petition and the things are beyond your control. However, even now, you can retrieve the case in your favor by changing the lawyer, now engage a good and prudent lawyer who cannot be bought by other side, fight out your case. Instead of further wasting your time on ifs and buts, get into action immediately if you want to achieve your motive behind the complaint your have filed against your FIL.

azure (self) 25 March 2014

Can you please let me know the process to change a lawyer.. all my documents... original bill reciepts are with the current one. When i ask him to try or do something that i hear in this forum, he says.. u dont know.. high court process is different... leave it to me.

azure (self) 25 March 2014

Hi experts, I want to know something i found on the case status on HC website.. The Last Action Taken column says : NOTICE. I think this is refering to the fact that i have received a notice from HC that FIL is attempting to quash FIR. My lawyer told me he has filed waqalat on my behalf... 3 months back.... Shouldnt the Last action taken be updated ? If he has actually filed waqalat.. i guess what i am truely asking is.. is there a way to confirm if waqalat is actually filed ?