As I understand it you are the complainant in a criminal case in which the chargesheet has been filed. The Supreme Court in JK International vs State NCT of Delhi has clearly held in a benchmark judgment delivered by Justice KT Thomas that the complainant or aggrieved party is not automatically excluded from the prosecution merely because the chargesheet has been filed. If you file an application to be heard, the court is obliged to let you file your written submission for consideration. If your matter is in the Magistrate's court you can also file u/Sec.302 CrPC for permission to conduct the prosecution. In any event, ask the judge to dispose of your present application, which he is obliged to do, one way or the other. If he does not grant you the relief you sought, your next option will be to file a Writ Petition u/Art 226 & 227 in the High Court having jurisdiction.
2007-07-23 05:32:17
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answer #1
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answered by ? 4
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What the freak is the question? It sounds like your office was broken into, the police have charged someone, and it's going to court. I'm not sure this is corruption in any form. If you truly believe the whole department and the judge and prosecution are engaging in some kind of corruption because they are proceeding with the case, you need to seek mental help.
If you're angry the accused is cooperating with the prosecution, have you ever thought he may be helping them out by providing information on other criminal activity. There is a bigger picture you may not be seeing. If they held off on charging the person for 8 months, it sounds like they may have been using the person as an informant. Look beyond your own little world and realize your office getting broken into isn't the crime of the century, especially since more good may have come out of this incident than you can see. Quit yer moaning!!
2007-07-22 08:58:28
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answer #2
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answered by Chuckles 3
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You can file for an appeal once the verdict is announced. You can also file another suit on the corrupt police officer and the judge. Action will be taken but it may take another 10 years. By then the judge would have reached heavenly abode.
India is shinning.
2007-07-22 07:37:16
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answer #3
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answered by Anonymous
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I know you are asking for the advice of an attorney which I am not but I maybe I can help you by giving you my ideas on how to handle this situation.
The only thing I can think of that would possible get the judges attention and force him to fly right so to speak is to look into the civil aspect.
What civil rights of yours have been trampled across during this ordeal?
It sounds as though you need to get online and start submitting your case to some civil rights attorneys in and around your area.
Civil rights attorneys are always interested in cases such as yours because although it hasn't been an outright beating you have recieved it does sound aas though you have been bullied none the less and you are need of back up.
Another avenue worth pursuing is the media, while I am sure the local news channel will not run your story on the evening news I am sure the papers would be interested in what you have to say as they are always looking for people such as yourself who have been made the victim of a corrupt justice system.
I myself have utilized the media in a case I am connected with and I will share with you the advice of my attorney.
While you are dealing with the media you need to be careful and you need to be prepared bwecause it is very easy for someone to possibly twist your words if you tell them something and you expect they know what you mean.
So, sit down and right out what you want to say in a letter format and have a friend or family member read it.
Let them play the devils advocate, this will help you to be prepared forany questions that may arise and it will also help you make any changes that may be neccesary before you submit your letter to the editor.
Also, follow up the letter with phone calls and e-mails, the squeaky wheel...
Be prepared for anything.
Best Wishes!
2007-07-22 07:53:01
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answer #4
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answered by Anonymous
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The classic example of you can't fight city hall. When the corruption starts with the cops and goes from the lawyers to the judges, the citizen is going to lose every time.
You can hire an attorney from outside the area to fight it, but it is going to cost you a pile of money and years of frustration. This is sad, because this is NOT what our founding fathers had in mind.
2007-07-22 07:16:33
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answer #5
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answered by .. .this can't be good 5
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You have no standing to bring a motion in a criminal suit. The judge ruled correctly on that.
You would need to sue the police separately in a civil suit, but until the criminal matter is resolved, you probably won't get any help there. And even if you did sue the police, you would need to prove malfeasance on their part -- very difficult to do.
And all that is assuming you can demonstrate (via evidence) some direct harm to you because of their actions.
2007-07-22 07:11:27
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answer #6
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answered by coragryph 7
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I'd contact the state attorney generals office for help.
2007-07-22 07:49:30
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answer #7
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answered by Anonymous
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I would love to see aRobin Hood In India. Wish I was younger but not naive
2007-07-22 16:02:14
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answer #8
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answered by Anonymous
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Good luck
2007-07-22 07:16:36
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answer #9
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answered by akb4udie 2
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lower courts- sorry it is a matter related to the court
2007-07-22 23:41:57
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answer #10
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answered by younmanofthegarden 5
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