• Writ petition related queries

I have an anticipatory case going on against my brother about a forgery done by him at the Bombay High Court since 17th April 2018. The FIR was registered with the local police station in September 2017. However the police has not been taking my investigation seriously and I have been told to apply for a writ petition asking the case to be transferred to CBI or state CID in order to put a pressure on my brother to come around for an acceptable settlement for my losses. I am filing a civil partition suit this week also.

1. I wish to know what is the process after the judge hears my side of the story?
2. What are the court charges and a good lawyer of the high court charges?
3. Does it really matter to have a competent high profile criminal lawyer or a senior counsel for such a matter?
4. In how many days will a verdict be taken ?
5. Does the ad-interim which my brother is on become permanent after a year I.e. 17th April 2019 for him to be bailed out of the arrest?
6. For a B summary got by the police for a case filed by him, the lower Pune district court is not taking an decision, so can I get stay orders from Bombay High court to fasten the decision given it’s been a year now?

Your detailed answers are highly appreciated, Thanks in advance.
Asked 5 years ago in Criminal Law
Religion: Hindu

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9 Answers

Anticipatory case?? Assuming that your brother applied for an anticipatory bail for himself in a forgery case Instituted by you... you should pursue this case so that his anticipatory bail application is rejected so that the police may arrest him as and when it feels like. 

In case the police is not doing its investigation seriously an application under 482 should be filed so that the hc may direct the government go either change the investigation agency or will direct the police to reinvestigated the case.

The fee of lawyers depends upon their standing at the bar....their seniority. It is not necessary to engage a very senior lawyer unless huge sums are involved.

Regards 


The hc will issue notice to the state and the state shall explain its side of the story and if the judge is not satisfied with their actions it may grant you relief.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. The court may transfer the investigation to independent government body as it may deem fit.

2. There is minimal court filing charges the lawyer can seek fee according to his experience.

3. A experience lawyer shall be good for the matter.

4. It can take some time like 2-3 months

5. If anticipatory bail is granted then he cannot be arrested till same is cancelled.

6. The direction from high.court can be taken to expidite the matter though first press matter before the lower court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.you can approach HC under 226 and file WRit petition asking for fair and impartial investigation by an independent agency or CBI or state Cid. 

2.high court advocates charge 40 to 60 thousand per case. 

3.a senior expert lawyer can handle this matter smoothly. 

4. 3 to 6 months. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

In writ petition if your case have merits it will be admitted and then after final hearing case will be transferred. In ABA you will get the same or it will be rejected. In Bombay high court it depends on lawyer to lawyer. Senior counsel is not required. It's just the face value if you can afford senior counsel then it's good to appoint them. But if you have merits then you will get ABA. ABA will be decided soon writ petition mat take some more time. ad-interim is only permanent if ABA is granted. You can pray did stay.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1) judge would pass orders after hearing both parties 

 

2) legal fees vary depending upon lawyer engaged by you 

 

3) advisable to engage senior counsel 

 

4) disposal would depend upon pendency of cases 

 

5) not necessary ad interim reliefs would be made absolute 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. The decision of your case would depend on merit of the case. 

2. Fees of advocate varies from person to person.

3. Not necessarily. Any good advocate can handle your case.

4. There is no time limit but 6 months time is reasonable.

5. Yes

6. Yes if you establish your case properly.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. The other side has to be heard after you are heard.

2. To engage a 'Good lawyer' requires deep pockets. Nothing more I should say as there is no fixed fee structure of lawyers.

3. It may take a few months for your writ petition to be decided.

4. Unless the ad-interim is vacated it continues to remain in existence.

5. If there is inordinate delay in proceedings before district court then you can file a petition in the High Court to seek appropriate orders to fast track the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that Troy are little concerned about the fees of the known senior counsels.
  2. Let me tell you that over this forum you would get ghetto best answers in the country, and there are very less (may be) who are senior counsels, so please judge by the answers/ knowledge.
  3. Any one from us can do wonders as we all are capable enough proved justice to our clients.
  4. And yes, you should file an application/ petition under section 482 of the Cr. P. C. seeking Hogh court intervention to order for the change of IO or direct the lower court to expedite the trial there.
  5. And don’t ask for transfer if the case to CBI etc. as for this you will have to show the grave misconduct of the policeas you can’t say that they are not doing investigation fairly or something. Judge would dismiss the petition for sure.
  6. Ask for relief that you need which is early disposal of the lower case.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1.  You have filed a case and you have let in your evidence, then the court may hear the other side evidence and adjourn the case for that purpose.

2. You may enquire it locally.

3. It is upto you, there is no compulsion on this.

4.It may take at lest three to four years.

5. He has to apply for that.

6. You may approach high court if you are an interested party to the case

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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