Legal Question in Family Law in India
Freedom of not being a witness in Cr.P.C. 127
I am serving in Department of Telecommunication. My wife had filed a Criminal case under Cr.P.C. 127 in which a summons has been issued to my boss for witness. My boss is firing me as he is being involved in my personal problem and he doesn�t want to interfere in the same. Also the court is 600 kms away from his office/residence. So please let me know whether it is compulsory for him to personally remain present in the court on the date specified in the summon or he can ignore the summon and deny from attending the same.
4 Answers from Attorneys
Re: Freedom of not being a witness in Cr.P.C. 127
As Regards your query in brief with limited facts as naratted, You may note that one cannot ignore the Court's Summons or any type of Court's intimation or notice asking a party or a person to remain present on an appropriate hearing which is fixed and intimated. By not remaining present it means that you are taking the due process of law very lightly for which you may get into more complicated situation. Hope this should suffice your query as sought.
Re: Freedom of not being a witness in Cr.P.C. 127
Your boss can appear through a lawyer as it is not compulsorily to be physically present unless specifically directed by the court.In your case the court can not force your boss to be present.
Re: Freedom of not being a witness in Cr.P.C. 127
dear sir, you are advised not to ignore court summons otherwise court can adopt other means like arrest,warrant etc to secure the presence.
thanks.
siddharth
9873343288
Re: Freedom of not being a witness in Cr.P.C. 127
Yes,if he ignores the summons a warrant will be issued against him that 'll make your situation even worse .As far as the distance is concerned he'll be given batta. Thank You.
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