Summons issued but the accused about to leave the city

Shri Ravinderji

I already replied to tthe advice of Sh Sudhirji

Repeated for you

"I You and all here are as a community to discuss the legal issues faced by the community! Even I am here as a CHARITY only. Since I am into Social Work, the aggrieved poor come to me for help and I try my best to help them (without charging) Yes if U R so much conscious about money pl dont reply to anything unless some one has paid you or better still u spend ur time in some legal shop

You feel that

"And I beg to differ with you learned advocate, The Judges are paid for exercising their discretion to bring Justice to people and not paid for acting like Highly paid clerks! Lawyers can afford to blackmail them and the  system by resorting to frequent strikes (to which the Judiciary also remain dumb). But what does a common man do??"

In that case you can submit a complaint to the Chief Justice of High Court seeking disciplinary action  against the judge.

"Will the Legal system and learned advocates like YOU treat this case as serious only when this man commits suicide because the money which he wanted back from the accused to marry her daughter did not come in time and so the marriage broke off and the daughter and the Father both commit suicide???"

Please do not threaten.

The law will enter only when there is a action done.  In the event of the accused planning to abscond or flee to any other town, how will the court stop that person from moving out, on what basis?Court cannot act on mere presumptions and voluntarily.

dear Social Activist,

Is it social welfare you are doing.  Bringing his case to a free legal advise portal and behaving in a manner that the experts therein stop advising.

The Govt and legal community has already established legal aid cells in each court whereon can go a d get free legal aid if he is able to convince them that :- (i) he cannot afford  lawyer; and (ii) he has a good case.

Either he does not qualify for free legal aid or you just do not want to loose a client.

Dear Sudhirji

U R again and again failing to grasp the importance of a forum like this. A forum like this encourages discussion on points of ambiguity and otherwise too. So I have just thrown open a subject for discussion. All people know where they are to go but that does not deprive any one a right to raise a subject here!

Dont have a feeling that U R doing a great favour by participating here! It helps u to test where u stand in terms of proactive knowledge and meaningful interaction! Please get rid of that feeling. After all no one is forcing you to give a reply! But if u give, dont have that feeling of being a SUPER COP and therefore do not dictate others in that SUPER COP style by ordering them to take or not take a particular action. 

And do not cast aspersions on others. You dont know what it means to be helping poor people without taking money from them! So keep that word "CLIENT" in your wardrobe please

Respected Sirs,

I got much from this forum free of cost, but my main purpose for coming to this forum is not to save money, but here impartial advice/opinion is got, a person can engage a lawyer. but still every lawyer is not perfect on every/each point, and a victim is helpless even after paying fees, that is why this forum is much much useful for any person who wants to get impartial advice/opinion even though he has a lawyer in court.  So I am personally very thankful to every member of this forum who gives his best as far as I think for justice and obliged the person who seeks advice here. Some times, it is told here that this is academy query, that is why not answerable, May be forum members/expert right, but with due respect to every member of this forum, anyone ask something because even though there is no case yet, but if he is not in right direction from the beginning due to lack of legal knowledge, he may be dragged in litigation due to his own misconception or even though he is not right according to law, he keeps on fighting for nothing to get in future.

I am very grateful again ( why again, he replied many times my queries and those replies proved much more useful for me than those of  lawyers I engaged in court with fee) to Sir Sudhir kumar ji who gave a solution when a person is about to flee “file application in high court for issue of writ mandamus.”

With due respect to Sir Dr J C Vashista ji,  Sir Sudhir Kumar ji,

In a case u/s 138,  it was decided as follows:

“The learned Magistrate should remember that it is the duty of the Court and the police to secure the presence of the accused in a case, and it is no part of the duty of the complainant to secure the presence of the accused.”

IN THE HIGH COURT OF ANDHRA PRADESH

Criminal Petition No. 5063 of 2002

Decided On: 11.11.2002

Appellants: Devi Pesticides Pvt. Ltd. Rep. By its Administrative Officer and Power of Attorney Holder,Sri N. Satyanarayana and Sri Rama Murthy
Vs.
Respondent: Sri Sai Balaji Fertilisers, Rep. by its Proprietor, Sri Avula Veera Pratap and Anr

The case is alredy decided in 2002 and you are now thanking me for the advise in 2015 ?

Respected Sir Sudhir Kumarji,

I have not thanked to you for the case decided in 2002 as quoted by me, that case neither  belong to me, nor your advice was given in this case. I thanked to you for your opinion/solution that your have given in this thread which solution is new for me also may be for other members - when a person is about to flee “file application in high court for issue of writ mandamus.” In addition to this, I used the word again because many a times you have given your opinion on different points by which I was benefited.

I have given this citation here because in this thread you have written “If the summon si returned then it is you who has to give latest address.”

So according to this citation, it is not the complainant’s duty to secure the presence of the accused.

I am not competent enough to decide whether this citation was correctly decided or not, as many citations are reversed by the Supreme Court or at many points different High Court gives different judgement.

In another citation, decided as follows:

5… Ultimate object of law, is to administer the justice and to punish the guilty, if proved. Had the complainant and the injured not disclosed the new address of the three accused in their application dated 08.09.2011, the Magistrate would have been well within his jurisdiction, recorded statements of the witnesses under Section 299 of Cr.P.C., after the accused were declared absconders and their availability was not feasible, so that in future whenever they are arrested, the evidence can be read against them.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C482) No. 1040 of 2011

Decided On: 16.11.2011

Appellants: Randhir Singh S/o Bhanwar Singh, Vs.
 State of Uttarakhand through Secretary Home, Dehradun and others

If according to opinion of you as well as other learned members of this forum, if above cases were wrongly decided, please give their comments.

please pardon me, if I have made any mistake.