Can I appoint my Adv. in a criminal case where Asst Public Prosecuter is our Adv.
Querist :
Anonymous
(Querist) 25 October 2010
This query is : Resolved
Dear Sirs, A criminal case is filed by police,on my complaint.Sections are 427,504,506 R/w,34 IPC against party (2 persons).Asst Public prosecutor is appearing for Police(i.e.Me & my family, 4 persons)the accused have appointed their Adv. My evidence is over. I am not happy with the Public Prosecutor. In such case can I appoint my own Adv. to run my case or to help the APP? Please guide at the earliest.Next date is 28/10/10.
Arun Kumar Bhagat
(Expert) 25 October 2010
You can appoint but he has little to act. However due to his engagement the APP may become cautious.Better you write a letter to The Legal Remebrancer stating that you want to appoint your own advocate and you are not satisfied with the performance of the APP. The Legal Remembrancer may change the APP and may appoint their paneled lawyer.
Querist :
Anonymous
(Querist) 25 October 2010
Sir , Thanks for prompt reply. The opposite party, the accused are in habit to approach the advocates & manage them straight away. Hence what is the way out? regards
s.subramanian
(Expert) 25 October 2010
I agree with Mr.Bhagat.
Khaleel Ahmed Mohammed
(Expert) 25 October 2010
Your counsel can not act independently. He can assist the present APP.
Devajyoti Barman
(Expert) 25 October 2010
Yes you can . Does your apprehension have any basis?
R.Ranganathan
(Expert) 26 October 2010
Your Advocate will have little scope to act independantly. He can maximum assist APP because it is a criminal case and State is the main complainant to take action on complaints.
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