Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ananda   28 September 2021

Written arguments or memo ?

Dear Sirs, This is regarding a criminal appeal, the petitioner is unnecessarily delaying the matter for several years. The Respondent lawyer has submitted arguments few times, but due to delay tactics and transfer of judges, the matter comes back to starting fresh again. 

I am from respondent side, and have paid the lawyer in full and more for the delay. But it is impossible to continue to do this, as opposite party keeps dragging and our lawyer is not pushing for judgment. He is not objecting to the delay tactics also. What is the best way to handle this? I cant make allegations but the opposite party is known to bribe to get their things done. 

We tried to submit a memo for speedy hearing but our lawyer refusedd saying it is not allowed, under what provision are you asking for speedy  etc. We are not lawyers and definitely do not want to go against his wishes or interrupt him in courtroom but we also wish that he understands our problem. I am tihnking can we submit written arguments and leave it? that way the arguments will be on record and whenever any judge posts for judgment, all points will be there to refer.

its not about fees as we have paid all agreed and more, but its about how to ensure that the cycle doesnt go on. please suggest a way to get out of this cycle. I want to be on good term with our lawyer and also get out of the case. 


 3 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     29 September 2021

Seek adviase of your lawyer or change him/ her if you have lost faith in him/her.

1 Like

P. Venu (Advocate)     29 September 2021

You can move move High Court under Article 227 and seek directions for expeditious hearing in the Appeal.

By the way, has the appellate court granted any stay on the decree/judgment/

Ananda   29 September 2021

no it is an acquittal and opposite party wants the appeal to hang for ever.  approacing HC is the best step, it will involve more cost and time. so before we go to HC, any thingwe can do here we want to try. we thought of sending memo through speed post, but it is not advisable im sure.

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