Legal Question in Criminal Law in India

Re: harassing a NRI

From the sections mentioned in your question, it appears that a Complaint is in respect of offences of (1) Obscene Songs U/s.294(b), (2) Defamation by sale of printed or engraved substance [Most likely 502 and not 500 (2)] and (3) Criminal Intimidation U/s.506. Each of these offences appears to be triable as Summons Case. In trial of Summons Case, an accused can seek exemption from personal appearance for the reasons and with the undertakings prescribed in Code of Criminal Procedure and entire trial can be conducted in the absence of an accused by a duly instructed Advocate.

If you are certain about falsity of the case, you can also consider invoking Revisional Jurisdiction of the Sessions Court or extra ordinary jurisdiction of the High Court for quashing of proceedings against you. Further, if you are in a position to positively establish that the case filed against you is false, you can also take suitable criminal and civil actions against the person instituting false case against you.

Re: harassing a NRI

you can contest the case by taking help of a lawyer in India. If your family is harrassing you or stopping you to do job then you can ALSO file the case against them under Domestic Violence Act in India. meanwhile you can take help of women organization there in Canada as it will strengthen your case.

Re: harassing a NRI

there is no urgency for you to come to india and the matter can be handled by an advocate here in india.

you need not to appear till it reaches a particular stage and as described by you you can remain easy for long.

but hire advocate at the earliest to avoid any problem.

Re: harassing a NRI

You can appear through an advocate in court without appearing in person.you have to pray through advocate to court,mentioning the reason as stated by you.

In alternate you can pray for time but court may not give such long time.

Re: harassing a NRI

it is not compulsory to appear in person each and every time. you can seek exemption from personal appearance through as there are several judgments favouring you on that aspect.

Re: harassing a NRI

I appreciate your concern, and state that you are in a very strong legal position. Just by filing a case, your grand mother does not stand to gain.

Kindly engage an Advocate in the city where the case has been filed. Your Advocate will do the needful.

Once he files his appearance by a vakalatnama, there is not much that your grand mother can do. She can rave and rant, and yet no court is going to issue a warrant, if your Advocate is appropriately isntructed to contest the matter. Magistrates do not force litigants to come to court, if they are permanently out of India.

A case under Sections 500, 506 (I) I.P.C. generally is destined for failure since even the magistrates understand that these are pressure tactics.

I hope I have answered you well. If there are any clarification required, do contact me for the same.

Re: harassing a NRI

If it is a complaint case then you have to firstly get bail from trial court and only then you can join the proceeding and only then you can also appoint an attorney advocate to appear on your behalf.Since you have received summons you may also sent a letter or through your advocate to court mentioning the title and case no. of case and can state your inability to come to India and can get extension of time but you must have to appear in court atleast once.