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RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 July 2011

help pls. urgent!

Dear LCI Members,

One of my client's case u/s 125 cr.p.c. has been dismissed in default as I was not present in the court due to my appearance in one of my interview and the client was not present due to her father's death, I requested one of the new lawyer to be appear on my behalf and explain the whole fact to the Hon'ble court. Unfortunately, she forgot from whose side she had to appear, she appeared from the respondent's side and the Hon'ble Court pleased to dismissed the petition in default. I filed an application for the restoration of the same, but the Hon'ble Court asked me the provision for the restoration of 125 Cr.P.C. which is not tracable to me. My querry is where is the provision of restoration of 125 Cr.p.c. in  Criminal Law. Pls. Help me, thanx in advance.



Learning

 2 Replies

GIRISH KUMAR, ADVOCATE (Lawyer)     24 July 2011

Dear Ms. Rakhi,

Do'nt worry. It is well setteld law by the Hon'ble Supreme Court and vrious High Courts that the proceedings u/s 125 cr.p.c. is not a compalint. It is an application in civil nature tried through a criminal court. As also the proceedings u/s 125 is summary nature. ttarget='_blank' rel='nofollow' hrefore the magistrate can restore the proceedings under section 151 cpc as the proceedings are of the civil natute. 1991 CriLJ2035. If you again find any deficulties you can contact on my cell no 9873777479 at non court hour.

Thank U

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 July 2011

Thanx Mr. Girish for the prompt reply, u have sort mine as well as that poor cloent's big problem.


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