Legal Question in Criminal Law in India

What to do in this Situation

I along with by entire family members are facing trial from last four years under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act. The complaint being false the complainant has not even appeared once in the court. We all have been given permanent exemption from appearing in the court. However on the date of hearing since our lawyer was not present we two of the five accused were present but the judge without cancelling our exemption and without summoning issued an arrest warrant against the remaining three of them and so the three of them were arrested and produced before Chief Judicial Magistrate who was then having a charge of JMFC who had issued an warrant and was on leave. The Chief Judicial Magistrate instead of giving us a bail fixed next day as the date of hearing and so we all three including my aged mother and younger sister were put behind the bars and were released on bail on the next day. On the next date of hearing the JMFC continued our permanent exemption but we have been highly shocked & mentally depressed by this incident and we still fear that we may again be put behind the bars without summoning us as they have done before. So please advice what to do in this situation.


Asked on 11/30/02, 6:40 am

2 Answers from Attorneys
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: What to do in this Situation

dear friend,

I shall be glad if I can help you out.

First of all, your thinking that the case is not on board is wrong. case is on the board and that is the reason that there was a call out and in absence arrest warrant was issued. Whatever is to be done in this situation is to be done by your Advocate. In case there is any problem you can please contact at my address 2-A, JAL DARSHAN SOCIETY, OPP. AMBICANIKETAN TEMPLE, ATHWALINES, SURAT -7 PERSONALLY ON ANY DAY DURING 6-7 IN THE EVENING. WITH REGARDS, BANKIMCHANDRA SHAH ADVOCATE (HIGH COURT GUJARAT).

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Answered on 11/30/02, 9:05 am
Shrichand Nahar S.V.Nahar, Advocate

Re: What to do in this Situation

First of all you be clear on the procedural aspects of a criminal trial. From your query it appears that prosecution came to be initiated against you upon complaint to Police and Police have forwarded a Charge Sheet against you and members of your family. In such cases, unless the original complainant or first informant is summoned by the Court, he/she is not required to attend the Court. As far as falsity or otherwise of the complaint, it is a matter of appreciation of evidence and can be considered by the Court only after evidence is being recorded in the matter.

As regards grant of exemption from personal appearance in criminal matters, such exemptions are granted mainly on the condition that you are represented by an Advocate who has been duly instructed to conduct the matter in your absence also and you will not challenge your identity. Whenever an exemption is gratned by Court, it is obligatory on the part of your Advocate to remain present before the Court on the appointed date.

Further, there is always a time gap between issuance of a Warrant and its execution by Police. It appears you or your Advocate was not deligent enough to have the same cancelled after such a Warrant was issued and before it was executed.

The Apex Court has laid down expeditious trial of criminal cases, particularly where accused are senior citizens (above 65 year of age). If any one of you qaulify under this, you are entitled in law for an expeditious trial.

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Answered on 12/03/02, 12:54 am


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