How to submit general application in existing criminal case
amol
(Querist) 15 June 2023
This query is : Resolved
Respected Sir,
My private criminal complaint case of RCC is running in front of Honr. chief judicial magistrate. My advocate is absent due to his medical emergency and he has not appointed or don't have any assistant or junior. I want to see documents whichever submitted in my case by opposite party on the court date.
For that I want to submit application in the case by writing reason of advocate medical issue. I saw during previous hearing proceedings they always ask rule or section to my advocate.
I want to know, Is there any section or rule to submit general application in existing criminal case in the Hon'r court.
Sudhir Kumar, Advocate
(Expert) 15 June 2023
You have not bee able to convey anything more than:-
You have a case pending.
your advocate is unable to attend or depute someone.
you want to inspect the file.
T. Kalaiselvan, Advocate
(Expert) 15 June 2023
If you want to peruse the documents of the case, you can file a copy application through your advocate when he returns back after recovery from his medical issues.
If you are in urgent, you may engage another advocate by giving a change of vakalatnama and get your task completed.
K Rajasekharan
(Expert) 15 June 2023
As per Kerala criminal rules of practice, a document relating to a criminal case can be filed before the Magistrate even by a stranger with reasons and the court, at its discretion, can give the stranger the rewired copy.
So kindly examine such a rule exist in your state’s criminal rules of practice.
Dr. J C Vashista
(Expert) 16 June 2023
It is better to contact, consult and engage another local prudent lawyer to take on the proceeding in professional manner.
K Rajasekharan
(Expert) 16 June 2023
Sorry that while writing the answer yesterday, I didn't write the sentence properly due to missing out of some words.
But it was in fact about applying for a copy of a document from the case file by a stranger to the case.
