It is not completed yet and will continue on next hearing.

Yes he can be his lawyer being family member

Yes a family member can be lawyer, 

Yes you can complete your jubani

1. Presently the courts in ahmedabad are only taking urgent matters so the evidence will be not taken on 17/06 the after that if courts starts in regular course your jubani may be recorded.

- No public persons are allowed to cross /jubani any witness , except the lawyer, however can assist his lawyer.

- Further , no family members of an accused also allowed to assist lawyer , except the accused himself. 

- Hence , if you was being interrupted by the defence lawyer or criminals father , then you are having right to refuse Jubani in that environment after mentioning the Magistrate/judge.

- Further, if any document was given by the criminal fathers , then you are having your right to ask for a copy of the same before the court. 

- Yes you can complete your Jubani legally , and can engage a lawyer to anyoen as per your need. 

1. YES .... a Family member who is advocate can represent family member in court,without any restrictions.

2. An Application has to be made by complainant lawyer, to record your "incomplete statement" and the judge /magistrate will grant such permission using his discretion.

Your evidence can be recorded on next date . 

defence lawyer would be entitled to cross examine you 

You can search on this website for lawyers in Ahmedabad 

2) if your family member is enrolled as advocate the can be your lawyer 

1. After your evidence in chief other arty lawyer would cross examine you as without this the evidence would not be complete.

2. The cross examination does not continue in a never ending manner and one a next date it should end.

3. There is no no problem in changing an advocate midway. . 

Dear Sir,

There can be no bar that the family member can't be lawyer for another member. 

Dear Sir,

Actually under section 302 of Crpc you can appoint an advocate and counter the defense counsel otherwise your advocate that is Public Prosecutor may not protect your interest.

==============================================================

Prosecution Of Criminal Case In Court By The Complainant- Sec. 302 Of Cr.P.C.

Section 302 of the Cr.P.C. (The Code of Criminal Procedure, 1973) and the two Judgments of the Hon'ble Supreme Court of India i.e. M/s. J.K. International vs. State, Govt of NCT of Delhi and Orsand Dhariwal Industries Ltd. vs. Kishore Wadhwani and Ors., (are the answer to the proposition that in the case of Magistrate Trial, a Complainant or any other person can, in addition to the Public Prosecutor, assist the Court and participate in the conduct of the Trial. The mandate of the Hon'ble Supreme Court of India in the above mentioned 2 cases is also the law of the land and binding on all Courts.

Section 302 of the Criminal Procedure Code states as under:

Permission to conduct prosecution

1. Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

1. Any person conducting the prosecution may do so personally or by a pleader.

In terms of the provision of Section 302 Cr.P.C, a Magistrate has the power to allow any person to appear personally or through a pleader, including complainant, to conduct prosecution.

The Hon'ble Supreme Court in the case of M/s. J.K. International vs. State, Govt of NCT of Delhi and Ors.,) , while overruling the decision of the Hon'ble High Court, wherein the question before the Hon'ble Court observed and held as under:

"But when the complainant wishes to be heard when the criminal proceedings are sought to be quashed, it would be a negation of justice to him if he is foreclosed from being heard even after he makes a request to the court in that behalf. What is the advantage of the court in telling him that he would not be heard at all even at the risk of the criminal proceedings initiated by him being quashed. It is no solace to him to be told that if the criminal proceedings are quashed he may have the right to challenge it before the higher forums...."

" When such a role is permitted to be played by a private person, though it is a limited role, even in the sessions courts, that is enough to show that the private person, if he is aggrieved, is not wiped off from the proceedings in the criminal Court merely because the case was charge sheeted by the police. It has to be stated further, that the Court is given power to permit even such private person to submit his written arguments in the Court including the sessions court. If he submits any such written arguments the Court has a duty to consider such arguments before taking a decision.."

"In this context it is appropriate to mention that when the trial is before a magistrate court the scope of any other private person intending to participate in the conduct of the prosecution is still wider. This can be noticed from Section 302 of the Code..."

"The private person who is permitted to conduct prosecution in the magistrate's court can engage a counsel to do the needful in the Court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against any one in whom he is interested he can approach the magistrate and seek permission to conduct the prosecution by himself. It is open to the Court to consider his request. If the court thinks that the cause of justice would be served better by granting such permission the courts would generally grant such permission. Of course, this wider amplitude is limited to Magistrates' courts, as the right of such private individual to participate in the conduct of prosecution in the sessions court is very much restricted and is made subject to the control of the Public Prosecutor."

In the above case, the Hon'ble Supreme Court has held that the scope of allowing any private person intending to participate in the conduct of the prosecution is wider under Section 302 of Cr.P.C. and on a request of a party, if the court thinks that the cause of justice would be served better by granting such permission the courts should generally grant such permission.

Similarly, from the judgment of the Hon'ble Supreme Court in the case of Dhariwal Industries Ltd. vs. Kishore Wadhwani and Ors., , it is evident that under Section 302 of Cr.P.C, at the stage of framing of charge, the Complainant can be allowed to conduct the proceedings.

The scheme envisaged in the Code of Criminal procedure (for short the Code) indicates that a person who is aggrieved by the offence committed, is not altogether wiped out from the scenario of the trial merely because the investigation was taken over by the police and the charge sheet was laid by them. Even the fact that the court had taken cognizance of the offence is not sufficient to debar him from reaching the court for ventilating his grievance. Even in the sessions court, where the Public Prosecutor is the only authority empowered to conduct the prosecution as per Section 225 of the Code, a private person who is aggrieved by the offence involved in the case is not altogether debarred from participating in the trial.

The private person who is permitted to conduct prosecution in the magistrates court can engage a counsel to do the needful in the Court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against any one in whom he is interested he can approach the magistrate and seek permission to conduct the prosecution by himself. It is open to the Court to consider his request. If the court thinks that the cause of justice would be served better by granting such permission the courts would generally grant such permission. Of course, this wider amplitude is limited to Magistrates courts, as the right of such private individual to participate in the conduct of prosecution in the sessions court is very much restricted and is made subject to the control of the Public Prosecutor.

I have read carefully your question and felt that your are appearing before Criminal Trial Court for Examination-in-chief conducted by APP and defence Advocate for accused interrupted and did not allow you to complete your statement on oath .

Your case is kept on 17/6/ 2020 further hearing for completing your statement. 

Father of accused provided doctors to Judge who is hearing your case.

You have bright chance of completing your statement on 17/06/2020 by the APP and you would be cross examined by the defence Advocate who is representing the accused. 

Answer to your question:-

You have right to appoint Advocate in your case but he or she will have to take permission from the court to assist APP and will have no right to address the Court directly. Your Advocate would assist APP during the trial and if Court permits then he may address the Court.

All the best.

Best regards. 

Yes you may continue it on tge next date of hearing. Ask for that document.

Yes a family member can be a lawyer but he has to be lawyer first. Anybody cannot become a lawyer.

You would have been informed by court that if the evidence of yours is completed or to be continued in the next hearing.

Hence you may ascertain the details and  facts from your advocate.

If you want to engage a lawyer in Ahmadabad, you can find one from this forum too or can find one from the local bar association.

You can log in to the ecourts website and find the status of the case from which yo will come to know tht whether your evidence is completed or is to be continued in the next hearing.

you can represent yourself, or be represented by a lawyer. But even for simple and routine matters, you can't go to court for someone else without a law license. 

if your family member who is lawyer appear in a court, he/she must have a license to practice law in that state. 

1. What is 'jubani'?

2. When you use such local terms which are not uniform across the country then explain their meaning also.

1. Defence lawyer must have filed some application due to which your evidence got differed which will continue of next date of hearing after decision of application.

2. Yes one family member can become lawyer of another family member.