Theft of my belongings while doing train journey
srinivas
(Querist) 12 June 2014
This query is : Resolved
I filed complaint with GRP Railways - Raigada (Odissa) last year for theft of my suitcase and belongings while travelling from Visakhapatnam to nagpur. Now I have received a notice to appear on 3rd july 2014 in court and give my evidence or if I fail to appear then a arrest warrant will be issued against me.
I am the plaintiff in the case. I am seeking justice. So, how can an arrest warrant be issued against me and for what wrong.
At present, I am not financially and otherwise in a position to go through the hardship of going to Raigada which is hundreds of miles away from where I reside, to attend numerous times.
I just want to withdraw my case. I do not wish to seek any justice, claims or compensation now because I can't afford to travel and spend any more penny in this case. What I have lost financially is lost .
Kindly advise me.
Devajyoti Barman
(Expert) 12 June 2014
If you do not appear in the case then warrant of arrest woud be issued and you may be out behind the bars.
You have set in motion a criminal proceeding by a govt. machinery. So you can not just turn your back at will.
You have to attend the case, no way to avoid it.
Lawyer SALEEMA KABEER
(Expert) 12 June 2014
It is your legal duty to give evidence by making personal appearance before the court for which you are entitled T.A. and day cost from the Court/Govt. as per existing rule.
If you failed to appear before the Court, without any sufficient reason and without leave of Court, there is a chance to issue witness warrant against you since your non appearance to give evidence may cause serious prejudice not only to the accused but also society.
Though you are the aggrieved person, it will be taken as the offence is committed against the society. Therefore, you, as an individual, can not withdraw the case as you wish.
Sudhir Kumar, Advocate
(Expert) 12 June 2014
you are not plaintiff in criminal case. In criminal case the plaintiff is always the State.
You are merely a witness. You are entitled to TA.
If you are state witness and happen to be in Govt employ then you will travel on duty and AT will be as per your official entitlement.
Laxmi Kant Joshi
(Expert) 12 June 2014
Srinivas you must be physically present before the concern court and submit your evidence on record , so the case may proceed further, if you will not attend the court proceeding without any sufficient valid reason with evidence then an arrest warrant can be issued against you .
Sankaranarayanan
(Expert) 12 June 2014
Nothing more to be added. you should appear before the court . as for as traveling fare concern you are eligible and get it
Rajendra K Goyal
(Expert) 13 June 2014
Either appear or face the music of the process.
Well advised, agree with the experts.
ajay sethi
(Expert) 13 June 2014
agree with experts . better attend court on said date
R.K Nanda
(Expert) 13 June 2014
agree with experts.
Sudhir Kumar, Advocate
(Expert) 14 June 2014
you said
"I do not wish to seek any justice, claims or compensation now because I can't afford to travel and spend any more penny in this case."
You have not filed compensation case in GRP so you cannot withdraw.
Dr J C Vashista
(Expert) 14 June 2014
Very well advised by experts, I stand with them, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
It is better you attend the court on the specified date for your own benefit instead of complicating things for yourself.
Raj Kumar Makkad
(Expert) 17 June 2014
Court should be got attended by you personally.
