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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 February 2016

Court attendance by accused in an ni-138 case.

My friend is an accused in an NI-138 case. He received summons from the court around July, 2015 to report at the court in the third week of August or so. He reported himself at the court and was granted bail. The next hearing was during first week of October. He went to the court. But there was no hearing as the previous magistrate had left or had been transferred and no new magistrate had been appointed. He was given a new date. Ever since new date has been given 5 times till now but there was no hearing as no magistrate has still been posted to the court. If the accused comes to know in advance (he always knows) that there would be no magistrate and hence does not report at the court, will warrant of arrest be issued against him?  If there was no magistrate, who would issue the warrant of arrest? If the police arrests him and takes him to the court, but there was no magistrate what will happen. Will the police take him to the court for every hearing thereafter with no magistrate to hear the case? Can the case go on indefinitely with no magistrate being appointed?  Is there no way to expedite the case?

I had posted this query under experts section. But I did not receive answer to all my questions. I am posting it here for wider audience.

I attach herewith a news item regarding punishment of judges for giving too many adjournments.



Learning

 1 Replies

Bhaskaran Advocate (Lawyer)     25 February 2016

In a court hall where a Magistrate is absent or not appointed no orders will be given.  The bench clerk simply will call out the case and date will be given.  You need not attend the court at all in these circumstances. 

But caution should be taken care of since sometimes it so happens that the cases are called out in some other court hall and that magistrate will give orders.  At that time your lawyer should be present.

Your attached file has nothing to do with your case. 

 


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