• First Charge sheet submission by my lawyer in 498 A case

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..
Asked 7 years ago in Criminal Law
Religion: Hindu

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18 Answers

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.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

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 ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

check court records as mentioned herein above

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

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

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

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.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Obtain the copy of Roznama and seer what proceedings are going before the Court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1) Here your lawyer voluntarily delaying case. Because mean while it should have stand up the case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi

CHANGE YOUR LAWYER

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

As informed to you in the previous post, your lawyer has no role to play in this case.

The APP will be prosecuting the case hence you can directly ask the APP about this and get clarified.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

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