Advocate Sabyasanchi

Questions Answered by Advocate Sabyasanchi

Q: How can a complainant appear in person in a criminal case

I have filed a private complaint to the Chief Judicial Magistrate (CJM) after the police refused to file a case under sections 420, 506 and 34 of CrPC. I filed the complaint on 11th April 2018 as petitioner in person and hearing date was fixed on 20th April 2018. But on 20th April 2018, the CJM refused to allow me to represent myself and kept telling me to get a lawyer. I do not want to hire a lawyer. I have submitted an application on 21st April 2018 citing Section 32 of the advocates act and prayed again for representing self. The next date is fixed for 9th May 2018. 1. What can I do if the CJM again refuses to allow me to represent myself as complainant ? 2. Can a CJM keep stalling the complaint for want of a lawyer when I can represent myself and plead confidently ? 3. After what period of inaction by the CJM can I approach High Court or any other authority ? 4. Anything else that may help me which I am missing ? Thank You in advance for your time.

Advocate Sabyasanchi answered
you can represent your self with the permission of the court. if concern court is not allowing you then you have remedy to approach to appellate court i.e District Judge and challenge said order. any person who is capable to represent his case can assist the court with the prior permission of the court.

Q: Anticipatory bail is granted but do not have any bailer

A close relative has got anticipatory bail from high court. The bail mentions that two surety of ten thousand to be given and one should be a local bailer. My relatives are not from the city and do not know any bailers. What should they do

Advocate Sabyasanchi answered
If you have been granted bail and not able to fulfill the condition imposed in bail condition then its not a problem. just file one application for modification in bail order and get modify this condition from Hon'ble High Court.

Q: How to quash case when having proof of not committing crime?

I am a government employee. Someone falsely file a case against me under section 379/34.The time mentioned in chargesheet is around 5 to 6 PM.That day I was present on my duty between 8 to 4:30pm and I can't reached the said place between 5 to 6 as it will take around min 2hrs to reached there and I have a proof.Should I go for queshing or I have to take ABP.How much time it will take in Queshing..

Advocate Sabyasanchi answered
if you were not present on place of occurrence and it has been alleged that you have committed the crime. your defence is that at the time of occurrence you were on duty. this plea is called as alibi and you have to prove this point. if you have documentary evidence that you were on duty then case will be quashed by Hon'ble High Court under Section 482 of Code of Criminal Procedure.

Q: Can a statement be written in case diary by IO without my permission?

In a case, without my information, permission or consent my Statement as a witness was pre written in the case diary in support of the F. I. R of a false case. The complainant had paid some money to the Investigating Officer to do so, my false statement was written by the I. O without having met me. The accused opposite party now wants to press charges against me for conspiracy. Please suggest legal remedy and ways for me to press charges against the complainant who has conspired with I. O. of the case to write my Statement as a witness.

Advocate Sabyasanchi answered
here in present situation I.O can not take your statement without your consent and if he has written statement of your's then he has committed serious offence. He has no authority at all to do so, you should file criminal case against him.

Q: can appeal be given to HC for anticipatory bail

1.Do the Court of Sessions and High Court have same powers regarding Sec 438 of CrPC.? if ''YES"... then on what basis (law) does a person make an appeal to HC for grant of Anticipatory bail.? 2. Can a person make an appeal under SC/ST Atro Act ? Note: read Sec 18 of the Act.

Advocate Sabyasanchi answered
As per code of Criminal procedure sessions court and high both have same power regarding anticipatory bail,/a>. But in general practice application for anticipatory bail are filed before sessions court. Because sessions court is quite easily aproachable to parties and there is no any reason that through sessions court justice will not be accessed. When any anticipatory bail application been rejected by sessions court then same impugned orderorder is challenged before high court in same provision. High court has vast power and intertain it.