Legal Question in Criminal Law in India

My brother is a NRI living in UK for more than 20 years now. He is a permanent resident of UK.
5 years ago, he had filed a civil case against our grandfather in India over our ancestral property.
Our grandfather in turn filed a criminal case of defamation (section500) with vengeance against my brother.
My brother was not in India on the date my grandfather claims that my brother defamed him.
Even when we showed the passport proof that my brother was not in India on that particular date, the local magistrate court is demanding that my brother should come to India and attend the case.
My brother has a family and school going children in UK and he had submitted all legal proofs to the court to show that he was not there in India on that date.
Still, the local magistrate court in India has issued a bailable warrant of arrest on my brother's name.
Can this be stayed in High court? My grandfather's aim is to make my brother come to India and spoil his life by entangling him in court matters.
How to handle this? The local magistrate court is not listening to us. They didn't even look at the proofs we submitted and are adamantly insisting that my brother should come to India.
Can we approach the high court about this abuse and the process stayed?

Asked on 6/08/16, 12:28 pm

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0 attorneys agreed

1) The local magistrate is right since ur brother has to testify not simply based on records.

There is no abuse and it is the usual process.

2) Yes. U an approach HC seeking exemption but how far HC will agree is to be seen.

3) For evidence, ur brother should visit India or justify his personal absence before the court

trial court. Other aspects will be taken care by ur Attorney.

Answered on 6/09/16, 1:47 am

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