Vishwa (translator) 18 October 2010

How to avoid unnecessary court attendande

How can I avoid travelling 200 km in a day long trip to appear in a trumped up DV case? Usually nothing happens when I go to the court except another date. Are medical reasons valid, because I am facing numerous medical problems.

Also, my lawyer is always forcing me to come to the court because he wants to be sure of getting his fees. He gets paid 500 Rs while the trip costs me about 5000 Rs with taxi booking and expenses on the way, not to mention fatigue and lost earnings.

Thanks in advance for your tips.

Vishwa

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6 Replies

sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com) 18 October 2010

you may file petition under section 205 of the CR.P.C to dispensing the personal appearence before the concerned criminal court.

Daksh (Student) 18 October 2010

Dear Mr.Vishwa,

May I suggest you to file transfer petition in Supreme Court.

Best Regards

Daksh

Arup (UNEMPLOYED) 18 October 2010

perhaps you will be getting relief by changing your lawyer.

the otherway, you tell your lawyer for getting permanent examption for apperance at court, court will sanction it seeing your conditions. but there is a risk in this system that the case will go in the grip of your lawyar totaly and you may suffer in future. as it is a dv case, a criminal case, it is better to keep watch in it's every step. perticularly witness and arguement stage.

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Arup (UNEMPLOYED) 18 October 2010

you may pray hc for fixing a time limit. if hc gives so, the case will be decided within that limit, otherwise it will be contempt of hc.

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A.P.Loganathan (advocate Madras High Court) 18 October 2010

Dear Mr.Vishwa

Involking the principle of Cr.PC Sec.205 is the solution for your problem.

See the possibility of giving special power of attorney to any known person nearby to the court.

Discuss with your lawyer and make sure his interest will be protected. He can do lot.

A.P.Loganathan, Advocate, Madras High Court

Vishwa (translator) 20 October 2010

How to avoid unnecessary court attendande

How can I avoid travelling 200 km in a day long trip to appear in a trumped up DV case? Usually nothing happens when I go to the court except another date. Are medical reasons valid, because I am facing numerous medical problems.

Also, my lawyer is always forcing me to come to the court because he wants to be sure of getting his fees. He gets paid 500 Rs while the trip costs me about 5000 Rs with taxi booking and expenses on the way, not to mention fatigue and lost earnings.

Thanks in advance for your tips.

Vishwa

6 Replies

Thank you very much, dear friends for all these tips that are of great help to me. I will take up the CRPC 205 with my lawyer.

Best wishes

Vishwa

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