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How can a complainant appear in person in a criminal case
22-Apr-2023 (In Criminal Law)
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.
Hello,
Section 32 of advocates act define that the court may allow to person in particular case to present himself ,who is not enrolled as an advocate . so it is totally depend on CJM that he may allow you or not , if the court not allow you then you should appoint an advocate. If you not satisfied with Hon'ble CJM' s order then you may file an appeal against his order before Hon'ble Dist. Judge.
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Well,perused first of all order passed on your application dt.21/4/2018. If court has allowed , then proceed further But if your application has been rejected then go before the Appealate court against the said order of rejection.
CJM may stall case giving you a satisfactory opportunity.Plz , mind here before court judicial mind will be applicable, only not else.
Thanks
Aditya kumar
Advocate
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Adv. Aditya Kumar
Gumla | 100+ Answers
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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.
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Adv. Sabyasanchi
Ranchi | 25+ Answers
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