Rakesh Agarwal (President) 16 March 2011

Can the case be expedited in sessions court on humanground

Sir,

A case is in courts under ST/SC Atricity Act and it is jointly with MD of the company ( case against me is as I am President of company but joined much later). The case, after a year has the status that we will appear in sessions court on 05.04.11 where we will appear and bailer will confirm. My local advoacte every time varies his statement regarding activities to be clubbed. Earliear he told me that after my appearance and commitment at SDJM court, without MD who will appear on next date, he will take me to sessions judge same day and will get the commitment. Then he said that when MD will appear ( date next to me after 15 days) he will take me to sessions court. But it did niot happen. He changed his statement. Now date in sessions court has been taken for 05.04.11 He told me same day he will file reply of charges sheet and for discharge as I was not in the company rolls during the date when so called offence occured. When I pressurized him to prepare the reply of chargesheet and to be discussed with me before submission, he says than it can not be done on 5th april. We will have to take another date. He saiys that date can be even 8th or 11th april. I do not know what will happen next. As he is getting other cases from company, I doubt that he is working under the influance of the company directives and getting the case delayed so that I don';t leave the company.

I want to know from the legal experts, if it is true that we can take date even after 3 days of appearance? Can my case be not delt separatly, so that it is expedited? Can I not engage another advocate even if he is from company side? Can I not approach The Districy judge and put my pathetic condition. I am not able to bear mentally because the case is false and has been lodged as the complainent wants to sell his land to the company which company do not want to do. I fear and have confirmed information that executives dealing legal matters do not want my aquital for personal reasons and they want to use me as scape goat in case something gors wrong with the MD. If you know good advocate at Sambalpur (Orissa) or nearby kindly give his contacts. On human griound I want help.

Regards

R K Agarwal

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3 Replies

N.K.Assumi (Advocate) 16 March 2011

Sympathy or antipathy has got nothing to do with the court as it goes by rules, procedures and acts. But yes,I am of the view that the court has some discreation in expidiating some certain cases like yours.

Vijayan Balakrishnan (Junior Works Manager Vigilance & Confidential Office) 14 April 2011

Dear Shri R K Agarwal,

When you were not in the company roll at the time of the alleged atrocity, it is not comprehensible as to how you have been made a party in the case. The info furnished by you is also insufficient to draw any inferences. If what you say is to be believed, there appears some conspiracy to make you a party to the criminal case- if it is the one. Maybe, you have been falsely implicated in the case with the connivance of someone. Please take a second legal opinion by visiting a nearest Criminal Lawyer and put up your defence separately if required. Under no circumstances atrocity cannot be attributed to you. In criminal offences, the vicarious liabilty like this is very limited.

Disclaimer: The reply is based on the info furnished by the info-seeker.

vignesh Achar (advocate) 14 April 2011

Well said Mr.Assumi..

But, Mr. Rakesh, for moving Discharge application in a Atrocity case, the Grounds urged should be very strong enough to root out your participation in the crime, or else its advisable to go on with the trial and prove ur innocence. And you can always "pray" for an early disposal through your counsel, although its not Your recognised right.