I registered a PCR under section 200 crpc with a sessions court on 26th June 2024 as the offences were serious involving punishment >7yrs as well as PMLA offences . In the prayer I had mentioned BNS offence 111(2)(3) organised crime as one of tge offences for taking cognizance which is not there in IPC. The judge reviewed my petition and asked my advocate to remove the BNS offence as BNS was yet to come in on July 1st. My advocate removed it with a whitener in the prayer on 26th June 2024 itself and resubmitted it and it was accepted. Now, the judge has reserved his order for taking cognizance to 5th july 2024. He wanted 10 days time as FIR was already registered 4 months back in the case and he wanted to ask for police to submit report of investigations. Between 1st & 5th july now, I wanted to file a Interlocutory application through a memorandum seeking leave to modify the prayer and include in the prayer the above deleted BNS offence as BNS will come in on 1st july, along with certain other left over IPC offences mentioned as corresponding offences. 1. Can I file a IA for revision of prayer in the name of Memorandum seeking leave for amendment of prayer? 2. My lawyer is hesitating because he says the judge may get angry that we are delaying the issuing of orders on 5th july 2024 by filing IAs. 3. He also says such IAs are filed only in civil cases to delay progress of the case. 4. He says you can get another lawyer to present & argue for this IA and he will sign the petition but not argue himself in front of the judge. Is this practically possible?
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1. The proposed amendment will not be legally valid as on date hence your application filed if any will not be entertained by court.
2. Your lawyer is correct that the court will unnecessarily pass strictures on the advocate for this
3. In criminal cases it is a criminal miscellaneous petition and not an IA.
4. You can decide about changing the lawyer by obtaining NOC from him
You are at liberty to engage another lawyer
ask your existing lawyer to give his NOC
3) your lawyer is right . You are delaying passing of order by the judge
Dear Client,
1. Yes, depending on the circumstances of the case and your legal advice, you can file an interlocutory application (IA) for the revision of prayer, and the memorandum is filed for leave to amend the prayer. This would be a formal motion to the court to declin the BNS offence, as it is now a valid offence as of July 1. It should also explain the reasons for the proposed amendment and give good justification for why the BNS offence is relevant in this case.
2. It is right for your lawyer to worry that such an application may be perceived by the judge as a ploy to drag the process along since IAs are normally filed shortly before a decision is to be made. Nevertheless, if the kinds of change involved in the amendment are important for the case and the cardinal character of the charges imposed, as well as possible outcomes, the risk is justified. The amendment needs to be presented accurately in terms of the urgent need for change and its obvious applicability in the IA discussed; now we can only try to eliminate any foreseeably negative impressions.
3. However, as mentioned above, IAs are generally used in civil matters, although they may be utilised in criminal matters under certain circumstances, including new information or developments in the law that can influence the criminal case. The picture is that the amendment can only be given to IA if its need is proved, and justice will be served in this case.
4. Yes, it is definitely feasible for there to be another lawyer appearing and arguing the IA when the current lawyer continues to operate in all other matters. This may be a good idea in a situation where the current lawyer seems a bit uneasy or thinks that they are not as persuasive as the other side. However, this should be carried out in a well-coordinated manner in order to ensure that the new lawyer is brought to par with the case facts and the reason for the IA, among other factors with regard to the legal strategies and tactics to be taken.
1. Since, the matter is pending for police investigation report , then at this stage you cannot move any application
2. He is correct
3. It can be filed in this case as well, but not at this stage when the matter is fixed for report.
4. You can engage another lawyer , if not satisfied with him
As per my personal opinion, the Judge will not take cognizance of any offence which is mentioned as an offence in the BNS as it is committed before implementation of BNS and at the point of its commission the said offence was not an offence in the old law i.e., IPC. [ * The new law will not apply to the offences taking place when IPC is in force]
The reason being that is the new laws will apply prospectively and not restropectively. So the offences committed before implementation of new law will be dealt by the law enforceable at that time and the offences committed after the implementation of new laws will be dealt by the new laws.
1. It is not that your lawyer is not co-operating with you fully. It is that both of you do not see eye to eye in legal matters for which he wants to be excused from your case.
2. Your lawyer might be right from practical point of view in advising you not to file IA since the order of the Judge has already been reserved to be pronounced on 5.7.2024.
