ashok kumar (Social Worker) 05 October 2013

Lawyer absconding with papers

The lawyer defending the accused goes underground impending arrest in a criminal case registered against the lawyer himself by the POLICE. The lawyer is not traceable for the last 9 months. All the important original papers & file related to the case against the accused are with the lawyer but are not traceable in his Office. In the absence of the papers and files the accused is not able to defend himself properly in the case against him

Can the accused request the Court to adjourn the proceedings till the Lawyer is traced out in view of this?

Can the accused go to the high Court in case the Trial Court refuses to adjourn the proceedings till the Lawyer is traced out ?

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 October 2013

If the lawyer is absconding with the case papers, give a complaint to bar council of India. they will investigate the matter seriously. Keep a complaint copy with you and show the same at the time hereing the case in the courts.

ashok kumar (Social Worker) 05 October 2013

Thanks U Sir for ur reply!

Pl suggest a suitable URGENT remedy!

Bar Council will take months to investigate & the issue at hand is of pressing urgency!

The trial Court is going ahead with the case on a fast pace!

So what should be done for immediate relief?

Can the trial Court stay or keep in abeyance the proceedings due to this situation if prayed so by the accused?

T. Kalaiselvan, Advocate (Advocate) 05 October 2013

You can always present before the trial court the acknowledgement card signed by the Bar council of India with regard to your complaint and seek adjournment on that basis and then after a lapse of considerable time, you may again remind the bar council quoting the adjournment and seek an expeditious reply.