Court warrant for attending proceeding
Hi,
We had registered an FIR for a trespass case, in response to which a chargesheet was generated and court proceedings behan. So far so good. We received the court summons and in the first hearing (in July) , the judge asked if we wanted to settle the matter, to which we laid our condition. A next date of hearing was scheduled in August but couple of days before the date, we were told (by the local police) that the judge is out on leave and a hearing will not take place, so we did not visit the court. The next date is october but interestingly the judge has issued a notice in the form of arrest warrant for us to be present in the court. Ofcourse we do not intend to skip it, but is something
1. Logical, as we barely missed any court date.
2. To be worried about?
What course of action, if any, do we need to take? Any advise would be highly appreciated.
Regards more
We had registered an FIR for a trespass case, in response to which a chargesheet was generated and court proceedings behan. So far so good. We received the court summons and in the first hearing (in July) , the judge asked if we wanted to settle the matter, to which we laid our condition. A next date of hearing was scheduled in August but couple of days before the date, we were told (by the local police) that the judge is out on leave and a hearing will not take place, so we did not visit the court. The next date is october but interestingly the judge has issued a notice in the form of arrest warrant for us to be present in the court. Ofcourse we do not intend to skip it, but is something
1. Logical, as we barely missed any court date.
2. To be worried about?
What course of action, if any, do we need to take? Any advise would be highly appreciated.
Regards more
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I intend to add to the comments of Shri Sankara Narayana Pillai Ji, that let the system be created for inclusion of certain minimum details if we need quality system in place. As it could be appreciated that one of the litigant definitely will be sufferer in the case and the quality system demand that the sufferer should not be made to further suffer on account of any lacuna in the system. There is nothing wrong if the courts also strive towards quality system. more
Nov 10
It is NOT impractical to send SMS. The consumer court in Visakhapatnam and the A.P. Consumer Disputes Redressal Commission , Hyderabad are sending SMS. The info si also available on the internet. This is a good system as it avoids misleading the party who is dependent on his advocate who at times does play unfair and lets his own client by misrepresenting facts. I HAVE SUFFERED immensely by such scheming advocates. Not once, but thrice.So, now I plead my cases myself. On 9 November 2016 at 15:33, Sankara Narayana Pillai < support@localcirclesmail.com> wrote: > more
Nov 09
Both parties are supposed to be present person or through their lawyers in court during the hearings and the date of adjournment is announced then and there loudly.I such cases what is the necessity of the luxury of SMS to parties? Has the party furnished his phone number to the court? Having failed to attend court after receiving summons,it is too much to expect a SMS. It is neither practicable nor proper to the court to contact parties. more
Nov 09
Thanks everyone for your comments and suggestions, and more than that, for the fact of taking time out and sharing your ideas. Since the matter is behind me, I also felt I should share my learnings with the community. As rightly mentioned by many learned members, it is a criminal case (and I am the complainant)and in principal one doesn't need an advocate as it is taken up by public prosecutor. I am although expected to depose before the court and for that purpose the court issued the summons which unfortunately didn't reach me. As a result of my absence, the court issued the warrant of appearance (under sec 87 of crpc). Normally such warrants are issued against the accused but the judge can issue it for a witness as well. Luckily (or at least in my case) it wasn't taken seriously by police and they just asked me to appear in court, when in theory the warrant authorized them to arrest me. Anyways, so I appeared in the court, gave the witness and the matter is all settled for now. Thanks everyone. more
Oct 29
