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bala   22 January 2015

Mum stuck and being charged

I hope someone can help me please.

 

My mum is in India and has been wrongfully accused under the Harijan Act - she has written official proof that on the date she was meant to have committed the offence she was not actually in the state. The claim has been made in Utter Pardesh. This was approx 3 years ago

Since then there has been much to-ing and fro-ing to try and get the case heard and finished. 

She attended court on one day when the case was meant to have been heard but was told that the court was on strike and she couldn't submit required papers. Apparently, this was not correct and as a result a warrant was issued for her arrest for non attendance at court.

She found a lawyer who advised her to go to Allahabad High Court. In Allahabad they have given her 30 days to raise bail and asked that the case be heard in UP "as soon as possible". In the meantime, she has been allowed to go to her home. 

She has been visiting India and is a UK Citizen - She is fed up now and just wants to come home to the UK and be with her family. She's 72 and is struggling.

What are her options - can she just pay the bail and come home - or could it be another three years before the case is heard and does she have to stay there?

 

Please can anyone help? We really don't know what to do and need help.

 

Many thanks

 



Learning

 2 Replies

Jayashree Hariharan (Advocate)     22 January 2015

if there was a strike on that day she should have gone and found out on the next day, because they will give date. She has to prove that she went to court on that day.

She can cite her age and since the High Court has ordered, hope she has taken the bail and visited the UP Court. 

Most Important - catch hold of a good lawyer in UP immediately and move the case before the UP Court. Dont waste the 30 days by going back to UK.

Sudhir Kumar, Advocate (Advocate)     26 January 2015

Agreed with Mrs Jaysjree Hariharan. based on given  facts no better views can be expressed.


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