Challenging withdrew case by lawyer
Raj
(Querist) 20 September 2016
This query is : Resolved
We filed the 340 crpc in civil matter before the District Court which was dismissed by the Distrct & Session Judge by common order.We asailed the one part of order by writ petition and other part of the 340 crpc by filing criminal Appeal under 341 CrPC petition. Eventually, our Writ Petition dismissed by the Divisional Bench and consequetveely our lawyer withdrew the Criminal Appeal under 341 crpc filed before the single Judge High Court. Now, we have challenged the order in Writ Petition passed by the Divisional Bench , High Court by the way of SLP ( Civil) which is admitted and issued notices to the Respondents
As far as Criminal Appeal, which our lawyer have withdrew from the Single Judge, High Court, How this can be assailed before the Supreme Court? The Order passed by the Single Judge In Criminaal Appeal is “After some argumenst, the Ld Counsel wants to withdrew the Criminal Appeal. Hence The Criminal Appeal is disposed off”
Please provide your valuable suggestion
Thanking you
adv.bharat @ PUNE
(Expert) 20 September 2016
Raj have u given consent to with draw the case?
Raj
(Querist) 21 September 2016
what can be done at this stage, if we are appomting lawyer, we have to sign their vakaltnama, so its not disputable here.I am asking in reference to appeal. Can we move toe the SCI against the order of High Court?
Ms.Usha Kapoor
(Expert) 22 September 2016
You again fie the criminal appeal in High court. In case you loose you can again file another SLP before the Supreme court.
Raj Kumar Makkad
(Expert) 22 September 2016
You can do nothing as the appeal has been withdrawn without seeking permission to re-file the same. Resjudicata shall come in the way.
Guest
(Expert) 22 September 2016
I agree with Shri Raj Kumar Makkad.
Raj
(Querist) 23 September 2016
Resjudicata?? I think whether this is applicable in criminal matters??
Guest
(Expert) 23 September 2016
Mr. Raj,
You would have availed the services of lawyers at different stages of the case, i.e., District Court, single judge bench of HC, SLP stage.
But, I wonder, if you would not have asked your present question to anyone or all of them.
Why not discuss about the opinions of those lawyers here to get the same reviewed by the experts?
Moreover, if you want to shallenge withdrawl of your case by your own lawyer through some other lawyer, why do not you discuss all the pros & cons with the new lawyer and come to this forum to get final advice on his opinion?
Also, when withdrawn voluntarily, how do you feel that you can reverse your own decision exrcised through your lawyer powered by your vakalatnama.
FROM ALL THE ANGLES, IT SEEMS YOURS IS MERELY AN ACADEMIC QUERY, NOTHING ELSE.
Moreover, your supplementary question, "Resjudicata?? I think whether this is applicable in criminal matters??," has clearly hinted upon your desire about some specific solution on specific requirement of your academic question.
