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Appointing private lawyer in my 498 a case after charge sheet is filed


14-Oct-2023 (In Criminal Law)
Dear Sir/madam i had filled a 498 a case in JMFC court.Charge sheet is filled by police n and now public prosecutor is taking my case but i want to hire a private lawyer of my choice as he (APP) does not seems trustworthy.Is it possible to hiire a private lawyer ? if posible then what is the procedure for same.Second question is accussed side went to high court for quashing under 482 crpc can they get stay order without admision of case and without the presence of me can they also quash and get stay order without my presence also.
Answers (4)

Answer #1
641 votes
You contact Advocate at your area, he will guide you, the Private Lawyer can only assist the APP, since the case registered by State/Police, the Private Lawyer cannot handle case solely/independently.
Answer #2
883 votes
Dear Sir/madam i had filled a 498 a case in JMFC court.Charge sheet is filled by police n and now public prosecutor is taking my case but i want to hire a private lawyer of my choice as he (APP) does not seems trustworthy.Is it possible to hiire a private lawyer ? if posible then what is the procedure for same.Second question is accussed side went to high court for quashing under 482 crpc can they get stay order without admision of case and without the presence of me can they also quash and get stay order without my presence also.

Under section 302 or Cr.PC an application can be filed seeking permission to engage an advocate of our choice.
there may be stay from high court but the same will be passed after hearing the otherside
Answer #3
708 votes
If you are the complainant, it is only natural that public prosecutor would handle your case on behalf of the state as the offence committed is treated as offence against state. If you have to hire a private lawyer you need to make an application under Cr.P.C. with reason for the same. However, this would not normally be allowed. You will not be able to hire a private lawyer but your lawyer may co-ordinate with APP.
Answer #4
691 votes
Dear madam,
You are absolutely right unfortunately PP can be influenced very easily and ditch any time , though all are not so, and as far as other party are going to high Court ,they can and have legal rights to approach , yes they can get stay in high Court without your presence then notice can be sent...better contact our office for better explanation.. OFC : Adv Pankaj Kumar & associate...

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