Respected Seniors,
Request your kind attention, and seek your valuable advice on this subject.
Here 04 are convicted u/s 375/376, in year 1999. Out of 04 accused persons 02 accused have died due to their ill health issues. Third accused is been absconding since 9 months , even the person who stood for his Bail has withdrawn from the case after following the due process under the Act. I am the 4th accused person who has settled almost 400 kms away from the periphery of the Trial Court.
More over, the place where the Trial Court is situated is a small City ( Taluka Level ) wherein all the practicing Advocates are very much under each others influences. Here I mean to state is “Lawyer’s have a pre mindset that even if my Client leaves me and engages any other Lawyer he can manage to mentally and socially harass his client who left him “.
Coming back to the point, my name in this matter was mis-interpreted, just because I was known to one of the two accused who have died now. Nobody from the Complainant’s side has turned in Court for these past 14 years.
Then, in 2011, my father was forced to file a Complainant against his friend to whom he lend (No interest) some money, this case was u/s 138 of The Negotiable Instru. Act and it was filed with the same Advocate who was also contesting my case. My father and this Lawyer were good friends during the period when this Advocate was struggling in his initial days.
After contesting my case for last 14 years and my father’s case for last 2 years, one day this Advocate told my father that he should withdraw this case and as nothing will happen in this case.” The reason why this Advocate gave such statement was, that the person against whom my father has logged a complainant has engaged a Lawyer who is son of the Sr. Advocate under whom Our Lawyer joined as Junior and learnt the Practice. Later on my father went to the office of our Advocate and took his file and has now engaged a New Lawyer.
In my matter, this Advocate has started playing the dirty tricks like not submitting my non-attendance report to Court due to which the Court issues the Warrant and Police harasses my family mentally and financially both. Even he has stopped informing at the adjournments of dates.
My queries are ,
1) Is there a provision in CrPC that I can plead to the Trial Court to grant me the exemption to present in the case till the 3rd absconded accused appears before the Court ?
2) Can I file a application u/s 191 to transfer my case to the place wherein I am working and feeding my family ? Will the Court allow me to do that ?
3) Pl. guide me as to how can I get rid out of this case as the earliest.
I urge to all Senior Advocate to help and guide me through this.
Regards
Vicky
