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Mainak (Manager)     27 August 2010

Please show me a way


I am falsely accussed in a case which i don't want share publicly. The other party harrassed me by keeping their witnesses absent from court. I am giving chakkar to court on each and every dates. The case is going on from 2004. What my lawyer is doing i dont understand. he is only taking money from me. once he told me he will go for quash but nothing has happned. I want to know what the steps we should take so that won't get any more date from court. Please suggest.


 9 Replies

H. S. Thukral (Lawyer)     27 August 2010

No body can give you correct in the absence f complete facts of your case 

Mainak (Manager)     27 August 2010


Actually I was student at that time. 4 of us including the deceased were good friend went to a holiday resort to spnd our weekend. But our friend was standing in the door of a train when we were sleeping completely unaware of what he was doing there. But suddenly we wake by screaming of some passengers and they told that our friend had been fallen from the train and he died in the incident. After few months a case was lodged against 3 of us and since then we are facing the trauma.


1. Witness list may be from the passenger list of 2004 train journey I suppose.

2. Witness are not appearing to testify I suppose.

Then in that case approach HC jointly with other three friends for quash based on abuse of process of Court.

If HC does not quash then take Fitness Certificate and Appeal before Hon'ble SC for quashing.


SANJAY GUPTA (Advocate)     28 August 2010

first of all you should give respect to lawyers whoever may be, your problem may not be due to  fault of your lawyer so abstain from using such wrong words against lawyer.

suggest your lawyer to make a prayer before the same court for closing the evidence of the prosecution as they did not turn up. if your petition considered by the court, you will get benefit otherwise move before High Court against that order.

G. ARAVINTHAN (Legal Consultant / Solicitor)     29 August 2010

on what reason, court is adjourning the case?

what are the charges made against you?



File writ u/a 21( right to life and liberty) in HC or SC mentioning all facts.

Mr Bechara..................

Mainak (Manager)     30 August 2010

@ Mr. Sanjay Gupta

I would be happy to respect my Lawyer if I could. He has taken Rs. 15,000 from me for quashing in 2007 and this is 2010. If I ask him what is the position he don't answer me properly. This is just one example I am giving. Now tell me should I use more respect for this lawyer. Don't take it personally I know there are lots of lawyer who are honest. All of my friend says this is the last stage of the case as only my cross examination is remaining that is why i am not changing my lawyer.

Adesh Kumar Sharma (Senior Associate Lawyer)     06 September 2010

My dear friend better you change your lawyer otherwise you wud entrap yourself into a big problem. Because the cross examination has to be conducted by a good lawyer as, it can only help you out to disprove the case of Prosecution. If a lawyer could not get closed Prosecution Evidence even after the witness remained absent on various date. I do believe he is not worthwhile. 

Therefore I wud suggest you to do the needful at the earliest. 


THANKACHAN V P (Advocate & Notary)     22 July 2011

" my cross examination is remaining". Did you file petition before the court examine you?

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