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Sandeep Pamarati (Advocate)     17 November 2018

Procedure to defend a criminal case (498a ipc) in person

Respected Forum members,

I have decided to fight the false 498A case I and my parents are implicated in, at a Magistrate Court in Andhra Pradesh. I have  prepared a petition u/s 32 of Advocates Act and in the same petition included submission to allow me to represent my parents in the case (Under Rule 37 of the A.P. Criminal Rules of Practice and Circular Orders, 1990). Now I am in need of answers to following questions.

1. On earlier dates, I had submitted a memo in this regards to the magistrate but it was returned back to me, as not correct procedure. No one (advocate/clerks/no one else at courts) are willing to help me understand the procedure. So is the procedure I am adopting now correct? A petition (instead of a memo) under Advocates Act

2. Is there any specific proforma for the authorization that parents have to sign for me to represent them in the lower court? If yes, does that differ from HC to lower courts? Does anyone have such authorization form proforma particular to Magistrate court in A.P. that can be shared with me?

3. I also have a DVC on me (and parents, ofcourse). What is the procedure to appear in person for such civil case in junior civil court? Same as Criminal case or different procedure and different forms?

Thanks in advance for all helpful responses.

Note: I am a first sem LLB student (with over 10 years of IT experience in past career)



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