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N.K.Assumi (Advocate)     07 May 2009

Withdrawal of Vakatlama in criminal case:

Is there any procedure of withdrawing vakat in criminal case? if there is any format please post me the same. Thanking you all in advance.


 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

I do not recolect an y provision in Cr.PC for withdrawl of vakalatnama. s. 302 (2) and 303 provide for right to engage a pleader but these provisions do not speak of rules and format of appointment or termination of pleader. in UP, normally engagement of advocate in a criminal case can not be to be a contract because it is optional for an advocate to file either a vakalatnama (as in civil cases) or a purcha (not signed by client). rules may vary in other states. thus, there is no prescribed form and procedure for withdrawing vakalat in criminal cases.

Shilpee (Lawyer)     07 May 2009

If a Lawyer wants to remove his vakalat nama from any case he should file an application before the magistrate of the same court stating his inability for doing so. Otherwise there is no such requirement on the client's part. If he engaged any other lawyer the previous one will automaticlly discharge.

adv. rajeev ( rajoo ) (practicing advocate)     07 May 2009

If u want to withdraw the vakaltnama just u have to endorse on the vakalat as " No Objection" by filing the case No. name of the accused and handover it to the client. But ur client is not at all met u then u issue a regd.a.d.notice of withdrawal of vakalat, to ur client ,after wards fter receipt of postal acknowledgement u file a memo of retirement in the court along with copy of legal notice and postal acknowledgement to show the service of the notice.

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

dear friends, Mr. Assumi is specific about criminal proceedings. in my opinion withdrawl of vakalat in criminal case is governed by traditions of bar and not by written rules. mutual understanding between client and advocate also is important factor.

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