Anonymous
Asked March 27, 2017

Legal query on representation by lawyer

  • 3 Answers
  • 738 Views

In an Incident, same transaction , 2 persons A & B are involved in case and counter, both are accused and complainants, suppose A chooses a particular lawyer to defend him. Can A be represented by the same Lawyer where he is the Complainant. Here, I am assuming that A wants to prosecute without the help of Govt Prosecutor.

Answers 3

Yes  A can engaged same lawyer  where he is complainant , if the case is private.

 But  if  the case,  is lodged  by police on basis of FIR,  A can also appoint lawyer on his behalf to assist procecuter.  In this situation  A' s lawer can not  ask any question to witness or cross examine the witness,  in this situation he can argue or file written argument on behalf of A.

Agree Comment 0 Agrees over 3 years ago

Yes  A can engaged same lawyer  where he is complainant , if the case is private.

 But  if  the case,  is lodged  by police on basis of FIR,  A can also appoint lawyer on his behalf to assist procecuter.  In this situation  A' s lawer can not  ask any question to witness or cross examine the witness,  in this situation he can argue or file written argument on behalf of A.

Agree Comment 0 Agrees over 3 years ago

In this case, if the lawyer is defending your case then the lawyer 'A' can be represented by you in the Same transaction to file the case as a complainant that is known as Counterclaim. The Civil Procedure Code, 1908 Order VIII, Rule 6A to 6G gives you the power to file a counterclaim. Therefore, 'A' can file a complaint in case by the above provision.

Agree Comment 0 Agrees over 3 years ago

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