Ask your lawyer to file a motion saying that the frequent delays are an unconstitutional infringement on your right to a fair and speedy trial.
Police have given Charge sheet 2 yrs back against my husband and in laws under ipc 498a/307/328/407/497/34... I have appointed a lawyer who said me a date about first filling of my case chargesheet. But after that date my lawyer is telling me that court have give a date 4 months later for filling of case ( First pushing of case not First hearing )... Is my lawyer voluntarily delaying to push my case or is there any such rule...??.. please elaborate about the first filing of case in magistrate court..
Ask your lawyer to file a motion saying that the frequent delays are an unconstitutional infringement on your right to a fair and speedy trial.
Hi, the chargesheet has t be filed within 90 days after the FIR is registered .. After the chargesheet is filed before magistrate the case is fixed for "CHARGE" upon which the arguments are conducted for framing of charges ..Then case proceeds for evidence stage ..
My lawyer told me 2 months back that we are pushing the case for CHARGE on 29th August and now he is telling that he can't file the case that day and now only he can push the case on 27 th December...Is there is something fishy happening ??...A lawyer can push any case any day or there is something ??
check the court records
2) apply for and obtain copy of roznama from court of your case
3) you will come to know what has transpired in your case till date
Dear Client,
No role of private lawyer in criminal cases as state advocate ( public prosecutor ) will represent complainant side. Private lawyer role rest to assist PP. Once cahrge sheet filed, charges will frames after charge argument, this stage passes for few hearings due to court engagement or court process/adjourn by opposite party/ magistrate on leave etc. normal course.
And sometimes lawyer get in connivance with opposite party so fishy is possible as trail commenced sicen 2 years and no charges framed yet.
You have the right to change lawyer just like you have the right to change doctors if you are not satisfied with your lawyer then you can replace.
If police has filed charge sheet why did you appoint a lawyer you were the complainant and the police has investigated now your Case will be represented by state government lawyer ie prosecution. No need of a separate lawyer and court would have given next date for charge not your advocate as he has no role to play in state case unless appointed as special public prosecutor by state to represent your case
1. After the submission of charge sheet in court the frequency of the dates become longer as the case become ready for trial.
2. So if you wish to expedite the case then appear in the case and ask the magistrate to fix a shorter date.
3. The dates mostly fixed in longer intervention falls in its routine course and your advocate may not be responsible for this.
4. So once a next date is fixed except on the said date nothing can be done.
5. however you can file revision in high court for speedy trial of the case.
Both side lawyer should be present as well as judge should agree to do it on that day. If all these three people work in collaboration then case can move forward. And here the public prosecutor is concerned so it is possible that case is going on as per procedure. You can hire your own advocate.
Court cases takes lots of time. So relax and let the case move accordingly.
Since the charge sheet is filed the matter shall be kept for framing of the charge since there may be case that your lawyer is not available on the day so the court has given a later date but four month dates are not given in the criminal cases.
1. The case is in between the State and your husband where you won't have to do any thing legally other than keeping a watch on the proceeding.
2. You can file a Writ Petition before the High Court praying for a direction upon the Court below to expedite hearing of the case and dispose it of within next 3 months since charge sheet has already been filed before 2 years.
1. How can a case be pushed that too when it is between the State and your husband?
2. He can at most file a petition praying for expediting the case for and on behalf of the Complainant.
1. How can we tell you if your lawyer has told you the truth or not? If you do not trust your lawyer then appear personally in the court on every date of hearing to see the fate of hearing.
2. After the chargesheet is filed the court then adjourns the matter to another date for consideration of the chargesheet i.e to decide whether to frame the charge or not.
3. If a discharge application is filed by the accused then court has to decide that application as well.
Since this is a state prosecuted case, you being a defacto complainant, your lawyer has no role to play in this case.
If you have given him a vakalatnama then he can assist the prosecution.
Other than that he will not be able to do anything in this case.
Hence he is no where responsible for the court dates.
He can enquire about the status of the case and let you know about it.