Upgrad LLM

representation by named accused

director

My basic question is that after filing of FR that there is no offence, at the time of considering this report at the magistrate level, can named accused represent himself or through any lawyer, because it is he who is going to sufferer the agony of trial if cognizance is taken due to negligency at the level of Magistrate sir,or govt. lawyer i.e. some decided legal decisions are not brought to the notice of Magistrate sir. So please guide whether at the time of considering this report by the Magistrate Sir, the named accused can represent himself or through lawyer. 

 
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Lawyer in Hyderabad.wats app no.9989324294

Accused will be given a chance to accept the crime or deny the crime. You can take help from your lawyer in this regard.

 
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lawyer

As advised by respected expert ramachary accused will be given his turn

 
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Advocate

Named accused can be allowed to represent himself or by a lawyer in a criminal proceeding but it will be better to appoint a lawyer for defense. as he knows law.

 
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Assistant Manager

Thank You all for Valauable information, I have few clarifications:

 

 

           Incident happened with me, I was not even questioned once for the reason of delayed FIR


  1. When incident happened, the person was not known to me, all i noted down was The number of that car with Tinted Black Glasses and Color of the CAR.

  2. 100 number that day was not operational due to technical Fault, as i dialed 181, and as case was reported recieved a call from Police Officer at 10:30 and fought over jurisdiction issue, but aat 12:30 AM he agreed to record a stament and wanted to come to house at midnight, but then he mentioned he will come at 7am next day, no one turned up for 3 days, i just kept making calls to the Police officer , either phone switched off or no answers.

  3. I was Constantly chasing through 181 and 181 Team chasing Police about status, as i had locked myself in the house out of Terror and Trauma.from 30 May 2014 till 2nd May 2014, Police was busy deciding Jurisdication,

  4. At the time of Registraton of FIR Accused was unknown to me and to police as well,(or does court expect any one to Stop the offender and ask , BHAI apna naam bta de , FIR mein likhungi....Come on

  5. After FIR registration, accused was arrested and was identified through identification parade, along with CAR.

  6. One Investigating Officer(ACP) was ssigned by DCP, as soon FIR was registered and Further Police 2 officers were suspended as they didnt take action on time and dint got MLC done on time 

  7. Further respondent added a charge 354 from 2 days after bail order was granted??? Shocking.

  8. Argument on Bail application was U/S 323,341,354A, but bail is granted on grounds of something which was not even questioned by Honorable court.                                                                                                                i) Name not mentioned in FIR 

            ii) FIR was delayed                                                                                                                                        

            WHAT a Ground!!!!)                                                                                                                                               This clearly means it was just that bail has to be granted no matter what??!!!! INCIDENT HAPPENED WITH ME, AND I AM ALIVE WAS STANDING IN COURT FOR OPPOSING BAIL, I WAS NOT EVEN QUESTIONED ABOUT THE REASON OF DELAYED FIR WHICH WAS ALSO MENTIONED IN FIR 

 
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Lawyer in Hyderabad.wats app no.9989324294

Here’s the judgment that shows that a delay in filing an FIR can be seen as an abuse of court process.

Here’s the paragraph of relevance:

9. Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal. In such case of delay, it also cannot be presumed that the allegations were an after thought or had given a coloured version of events. The court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law. (Vide: Sahib Singh v. State of Haryana, AIR 1997 SC 3247; G. Sagar Suri; Anr. v. State of U.P.; Ors., AIR 2000 SC 754; Gorige Pentaiah v. State of A.P.; Ors., (2008) 12 SCC 531; and Kishan Singh (dead) thr. Lrs. v. Gurpal Singh ; Ors., AIR 2010 SC 3624)

 
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director

Respected Sirs,

in my query at the place of named accused, named prospective accused should be read.

please guide,

Thanks all of you for attempting my query,

 
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Advocate

The accused will be given opportunity to defend himself, that time duly represented by his counsel, the accused can express the facts and the points which need consideration.  Better engage a lawyer and contest the case accordingly.

 
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director

Respected Sirs,

I am talking about the time, at the time of considering the final report/closure report submitted by the police, i.e. at the time of taking cognizance. I am not talking about time after taking cognizance i.e. when summoned.

Thanks and hoping for guidelines.

 
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