Legal Question in Criminal Law in India

US Citizen declared 'Absconder' in India

Hi,

This query relates to a trivial case slapped on my brother in 1995 when we used to live in India.

It was just a quarrel with his mates leading to a small fight, no one was injured and police wasn't called. However, several days later a case was registered again my brother when one of the boys involved talked about the incident to his uncle who happened to be some police officer. The policeman incharge only made good money while we managed to get him released through court within 1 hour of his arrest.

My father had arranged a local solicitor, and we regularly attended several hearings. The boy whose name appeared in the FIR as a complainant, had already refused to get involved in the case, nor did he showed up at the court; it were just the policemen demanding huge money from us.

Later, we all moved to the US in 1997,so couldnt continue attending the court. We are all US citizens currently.

We have recently learned that my brother has been declared absconder! even though there wasn't a single witness in the trial.

Does 'absconder status' mean my bro won't be able to visit India if he wants to,even on his new-US Passport? Is there a way out? Can the 11 yr old case be quashed now without his presence there?

Regards;Geetu


Asked on 11/18/06, 5:43 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: US Citizen declared 'Absconder' in India

An absconder means that the accused who had not been appearing before the court on several occasions in continuance be arrested and produced before the court. The merits of the case have nothing to do with his appearance before the court. It is not clear whether the solicitor had been representing your brother before the court or not. Now, under the present scenario, the best bet is to first apply before a higher court for cancellation of the orders whereby your brother was declared an absconder. Seek permission of the higher court for your brother's exemption from appearance in the court. Both these relief may be asked from the court simultaneously with the petition for quashing of FIR, if one has strong points for quashing. Whether or not, there are strong points on merit for quashing, that would be known only from the FIR and the complete charge sheet.

Arya

Read more
Answered on 11/18/06, 9:09 am
D. M. Bhalla D.M LAW CHAMBER

Re: US Citizen declared 'Absconder' in India

As you said your brother discontinued appearing in court after attending the case on some dates and then thereafter went to US, it seems the court has an impression of your absconding from law and has declared you proclaimed offender. It has to be seen from the court file, whether the proceedings declaring you proclaimed offender was properly conducted. If some flaw is found out there, you can proceed to get the proclamation cancelled on that ground and proceed to get the matter quashed. Further as you narrated that the complainant has refused to get involved in the case, we can proceed to get the FIR compounded, if the matter is cognizable under law, alternatively quashed.For assiting you, i need more details of the case. Pls feel free to call me and seek further assitance on mail or mobile - 9811062868

Read more
Answered on 11/19/06, 2:40 pm


Related Questions & Answers

More Criminal Law questions and answers in India