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Mahabir (Manager)     15 April 2015

Seeking guidline u/s 205 & searching advocate for jodhpur

I reside in Patna. One fabricated case against me u/s 138 NI Act filed against me in Rajasthan -1300 + KM away from my permanent & present address. I prayed exemption u/s 205 Cr.PC before the Magistrate court. The Magistrate took almost 2 years to pass order on my petition, which he preferred to reject directing that such exemption may be granted after furnishing Bail-Bond. My Advocate attending the case firstly advised that ADJ Court would not give any relief and I should approach The High Court only. I had positive hope & so  insisted him to first file revision in ADJ Court only. Subsequently on the expenses cost  implication & negative chances, I changed my mind to approach High Court directly. Then my Advocate expressed his doubt that The High Court would entertain my application without exhausting opportunity at The ADJ Court. I am confused & feel helpless at this distance. I seek guidance whether I should approach High Court or ADJ Court.

In case I am advised to approach High Court, Need help to identify a suitable Advocate for JODHPUR HIGH COURT on reasonable cost basis.

Mahabir



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 April 2015

Approach high court for quashing cases. for list of advocates please follow this link. barcouncilofrajasthan.org/listmember.aspx

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 April 2015

You should approach ADJ only first.

 

And as per new ruling of SC now you can apply for transfer of case.

Mahabir (Manager)     16 April 2015

Thanks Sri Ramacharya ji & Sri Laxminarayan ji for response & guidance.


My case may not fetch result in quashing attempt & also cost me additional harassment.

Laxminarayan ji Sir, your suggestion for applying transfer is tempting. Can I get transfer the case to Patna & what would be procedure. Pl guide me with SC ruling reference.

Regards

 


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