1. I am a prosecution witness in a criminal case of my close relative, which involved conveyance of property by death threats. Cognizance taken there in that CC and now the accused ( 5 numb) are on bail. 2. I had been to a holy place, where the 3 accused came there also. Verbally abused me and when I countered, one of the accused, hit me brutally with a big pot , on my head. Blood oozed. I was treated. 3. I put a complaint online to the SP ON ALL THE 3 accused. 4. Later , I went to the police station, to file complaint. But the SHo booked FIR on only 1 accused. He took the blood stained clothes, material object, did not give a receipt. 5. 8 witnesses were listed. 6. The police filed B Report, even when 4 witnesses gave their evidence, and 2 dilly-dallied. 2 did not give. 7. Since that place was away 500 KMS, I appointed a senior advocate in that town, to do protest petn to set aside that B report and other evidence. He said he would file and call for me sworn stmnt, Took huge money and my vakalat. etc 8. He was telling the court is delaying my sworn stmnt etc, etc. I could not follow up , due to my fathers heath issue s and he later died. 9. Now I see , to my shock, that the B report accepted as unchallenged, thro police station. Jmfc passed orders. 10. Forget the fraud and betrayal by advocate, 11. 2 years gone after JMFC dismissal. 12. What I have to do to restore my complaint and keep my right to give evidence ? it concerns my dignity and i want that complaint to be tried. PL ADVICE
Since no protest petition has been filed closure report was accepted by the court
2) if your advocate has betrayed you did you file police complaint against your advocate or complain to bar council against your lawyer
3) if no action was taken by you any legal proceedings filed by you against order of magistrate would be dismissed as delay of 2 years would prove fatal to your case
1. This is a criminal negligence of your advocate and you must make him feel the rigours of law.
2. First demand full refund of his professional fees since he did nothing on your case.
3. if he refuses you can lodge complaint against him with bar association and with the bar council s well.
4. Lodge a complaint of cheating as well against him with local police.
5. File a revision along with delay condnation petition on this ground.
This is fit case of filing writ petition and taking direction of the High court
Dear Sir,
You have to challenge orders of Magistrate accepting B Report before High Court saying that due to the negligence of your advocate it has happened. Secondly you may lodge a complaint with Bar Council of Karnataka against your advocate.
Yes you can go to the high court and also apply for the condonation of the delay in filing the petition in case it is allowed by the high court then your petition will be running and you can start the case the advocates are indemnified by the vakalat provided in this regard
Complain to Bar council of India. Now you have delayed a lot, still can file revision agasint acceptance of closer report.
And had to file bail cancellation of accused for violation of bail bond and threat and grievous hurt to witness. Even file now.
You cannot restore your complaint after a delay of 2 years.
But you can appeal in Session court against the order or JFMC with application of condonation of delay.
