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Advocate Rakhi Dey
Verified
4.0 | 2+ user ratings
Shanti Nagar,
Siliguri
1 years ExperiencePractice Areas
Divorce, Family
Criminal
Civil
Property
Courts
- Alipurduar Court, Jalpaiguri
- Circuit Bench Of Calcutta High Court, Jalpaiguri
- District Court, Cooch Behar
- District Court, Jalpaiguri
- Siliguri Sub Division Court
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Questions Answered by Advocate Rakhi Dey
Q: cc case magistrate court query regarding
In a criminal private complaint case pending before a Judicial Metropolitan Magistrate’s Court since 2020, the opposing side has sought adjournments on the ground that its counsel is engaged in another Court till now. In view of the prolonged pendency of the case and the need to prevent avoidable delay , memo under 309 crpc or petition under 309 crpc ,which is better for faster result and faster action. Detailed Legal opinions and suggestions
Advocate Rakhi Dey answered
In a criminal private complaint pending before a Judicial Magistrate since 2020, the complainant may file an application under Section 309 CrPC, read with the applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, as relevant to the stage of the proceeding, seeking expeditious continuation of the trial and opposing routine adjournments. The application should highlight the prolonged pendency of the case and explain that repeated adjournments on the ground of counsel’s engagement in another court should not indefinitely prejudice the complainant. The complainant may request the court to record specific reasons for any further adjournment, impose appropriate costs where legally justified, and fix a short, effective schedule for the remaining proceedings. If the opposite party’s counsel is genuinely unavailable, the court may consider reasonable safeguards, including alternative representation or other appropriate arrangements, subject to the applicable procedural law and principles of natural justice. The application should be supported by the order sheets showing previous adjournments and the dates on which the matter could not proceed. A concise, fact-specific petition under Section 309 CrPC is generally preferable to a lengthy memorandum. The complainant should seek a reasoned order for expeditious disposal rather than demand an automatic rejection of every adjournment request. The exact provision and procedural remedy should be verified against the current law, the date of institution, the nature of the complaint, and the present stage of the case.
Frequently Asked Questions about Advocate Rakhi Dey
Can Advocate Rakhi Dey represent me in court?
Yes, Advocate Rakhi Dey can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Rakhi Dey?
When you meet with Advocate Rakhi Dey for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Rakhi Dey?
Before your initial consultation with Advocate Rakhi Dey, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Rakhi Dey?
During your initial consultation with Advocate Rakhi Dey, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Rakhi Dey?
It is important to communicate with Advocate Rakhi Dey regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Rakhi Dey?
The cost of hiring Advocate Rakhi Dey can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.