appeal u/s 341crpc or revision u/s 397/401/482 crpc before h
karan gowda
(Querist) 05 September 2017
This query is : Open
the Advocate has filed a frivolous transfer petition before the sessions judge to which i had file application u/s 340crpc praying to prosecute the Advocate citing various judgements. but the sessions judge has totally not taken up the issue in the order. thus planning to file appeal/revision before the high court..thus esteemed experts, appeal u/s 341 or revision u/s 397/401/482 crpc ll be appropriate?
please do suggest.
this is not against any advocate, this is against the deliberate frivolous filer which is being very clearly proved.
please suggest
Rajendra K Goyal
(Expert) 05 September 2017
If the Advocate has move against your instructions and has handled the case with negligence, lodge complaint with the Bar Council.
karan gowda
(Querist) 05 September 2017
that advocate is of prosecution party and is a very mean person whose only intention is to cause delay in proceeding.. the transfer petition filed by that advocate is being proved as vexatious, but still that sessions judge completely ignored my application filed under 340 crpc as counter
Arvind Singh Chauhan
(Expert) 06 September 2017
Whatever opposite party's advocate is doing, if not illegal is being done by him, according to professional ethics and for the benefit of his client. Why don't you and your advocate let him fail. Courts are not bound by advocates. Don't keep personal grudge against advocates. Let him fight with his strategy you should try to fail him adopting your own strategy.
Yes if if you find anything illegal or immoral or against professional ethics. You are free to compkcomplaint.
P. Venu
(Expert) 06 September 2017
What is the advice of your advocate?
karan gowda
(Querist) 06 September 2017
I m a non-advocate fighting my own case. so far 10 trial dates are over without any progress as prosecution is not attending up. thus losing patience..i had visited to that sessions judge with revision petition under 399crpc but that judge bluffed and asked to approach hc n further threatened not to appear before his court.
it is very shameful that eventhough the transfer petition filed by d prosecution advocate is being proved very clearly the sessions judge does not have courage to act against the Advocate (really it is very unfortunate that there r some mean people spoiling the reputation of the word advocate) whereas the sessions judge feels proud in showing off his power to a common man
