Inaction by Chief Judicial Magistrate for forcing to engage lawyer

[Amit Kumar]

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.

[Dr. Ashok Dhamija]

The applicant / complainant can appear in person in his own case.

If he is not able to present the case properly and wastes time of the court, then sometimes the courts ask him to engage some lawyer. However, the courts do not force him to engage a lawyer; the court would generally only try to persuade the applicant in person to engage a lawyer if the court feels that it is necessary looking at the facts of the case.

As far as Section 32 of the Advocates Act is concerned, in my opinion, it is for permitting a person (other than advocate) to appear on behalf of some other party.

As far as applicant in person is concerned, in my opinion, there is no need to invoke Section 32 of the above Act, since applicant in person has a right to appear in his own case.

If the court passes a written order forcing you to engage an advocate, then you can approach the higher court against such order.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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