Summoning by court
Anubhav
(Querist) 19 September 2015
This query is : Resolved
Sir,
I and my mother hv lodged FIR u/s 448 IPC.
FIR was registered in June 2014.
Today we received a court summon through
police station to appear as witness.
1.is it legitimate that the person who lodges FIR is asked to appear as witness.?
2.will we be given PP to handle our case?
3.what necessary measures we should take for proper handling of case.?
4.is there a possibility of compromise?
SAINATH DEVALLA
(Expert) 19 September 2015
Answers to UR questions:
1.YES
2.YES (as it is a prosecution case)
3.Proper evidences of tress pass
4.YES
R.K Nanda
(Expert) 19 September 2015
no more to add.
Anubhav
(Querist) 19 September 2015
Sir ,
Is it necessary that my mother too should accompany .being an elder lady I thought of asking it.
And will we be paid any travelling allowance too?
Anubhav
(Querist) 19 September 2015
As an evidence do I need to carry original documents or photocopy will be sufficient?
Sudhir Kumar, Advocate
(Expert) 20 September 2015
1.is it legitimate that the person who lodges FIR is asked to appear as witness.?
WHO ELSE DO YOU THINK SHOULD BE A WITNESS. OR YOU WANT LAW TO BE CHANGED FOR YOUR SAKE.
2.will we be given PP to handle our case?
PP WILL ALREADY BE THERE. WITHOUT PP THE CASE CANNOT BE FILED IN COURT. YOU CAN HIRE OWN LAWYER AS WELL.
3.what necessary measures we should take for proper handling of case.?
SINCE NO FACT OF THE CASE IS GIVEN NO REPLY CAN BE GIVE
4.is there a possibility of compromise?
GIVE FULL FACTS OF THE CASE OR MEET LOCAL LAWYER. WITH ALL PAPERS.
Sudhir Kumar, Advocate
(Expert) 20 September 2015
s it necessary that my mother too should accompany .being an elder lady I thought of asking it.
And will we be paid any travelling allowance too?
IF SHE IS THE COMPLAINANT THEN CHARGE WILL FAIL WITHOUT HER EVIDENCE.
EXPENSES WILL BE PAID BY STATE AT A VERY MEAGER RATE.
Sudhir Kumar, Advocate
(Expert) 20 September 2015
IF THE CHARGE IS DOCUMENT BASED THEN ORIGINALS HAVE TO BE CARRIED.
BUT GENERALLY AT INVESTIGATION STAGE THE POLICE CAPTURES ALL DOCUMENTS AND EXHIBITS.
SAINATH DEVALLA
(Expert) 20 September 2015
Clearly illustrated by Adv Sudheerji.Have U gone through the contents of section 448 ipc,then U have to submit all valid evidences.
Anubhav
(Querist) 20 September 2015
Thanks to all eminent experts for your valuable advice.
Anubhav
(Querist) 21 September 2015
sir one more thing i wish to know that whether the accused can escape by paying rs 1000/- only.?
i mean what circumstances will make him compel for a compromise?
Sudhir Kumar, Advocate
(Expert) 21 September 2015
"sir one more thing i wish to know that whether the accused can escape by paying rs 1000/- only.?"
ask an astrologer
Sudhir Kumar, Advocate
(Expert) 21 September 2015
"what circumstances will make him compel for a compromise? "
you are expecting a reply without even giving facts of the case.
Anubhav
(Querist) 01 October 2015
sir today i and my mother
went to court as per witness summon.
the metropolitan magistrate and pp asked for original property documents and did not recorded our statements.
we brought those documents after an hour by then the magistrate said that he has already given next hearing date to accused who came in between time.
we were very annoyed with this biased behaviour of mm and pp.
dont know how to deal with such situation?actually i dont want to carry originals?
please suggest/help how to deal?
Anirudh
(Expert) 01 October 2015
Nobody will be bothered whether you are annoyed or pleased.
If you have been summoned to tender evidence, you ought to have carried all the documents. Having not done this, you cannot blame the mm or the pp.
At least next time, better go with all the documents. If you do not want to carry originals, how will you prove your case?
Sudhir Kumar, Advocate
(Expert) 01 October 2015
we were very annoyed with this biased behaviour of mm and pp.
EVERY PERSONS WHO TAKE THE LEGAL PROCESS AS MOCKERY GETS ANNOYED WHEN THE SAME IS ENFORCED ON HIM. THE BEHAVIOUR OF JUDGE WAS NOT BIASED AT ALL.
WHEN YOU ARE NOT READY FOR EVIDENCE HE HAS ADJOURNED THE CASE BEING KIND ON YOU NOT TO LAY COST ON YOU.
THE JUDGE IF ANNOYED COULD HAVE CLOSED HER EVIDENCE MAKING YOU TO SPEND BAGFUL OF CURRENCY TO GET ORDER REVERSED FROM HIGHER COURT AFTER 2-3 YEARS.
dont know how to deal with such situation?
YOU HAVE TO CARRY NECESSARY EVIDENCE IN ORIGINAL.
actually i dont want to carry originals?
THEN DO NOT PRODUCE THESE PAPERS. LET THE EVIDENCE FALL DUE TO LACK OF PROOF AND LET THE ACCUSED BE ACQUITTED AND LET YOU MOTHER AS A COMPLAINANT BE ACCUSED OF FALSE COMPLAINT AND LET HER HAVE A FEW DAYS STAY IN JAIL.
please suggest/help how to deal?
ALREADY ADVISED BY MR ANIRUDH
Anubhav
(Querist) 01 October 2015
Sir we took original but he adjourned it by saying that in next hearing he will see them.
SAINATH DEVALLA
(Expert) 01 October 2015
Don't keep on extending like a child,the judge will not wait for one hour for U to bring the evidences,rightly he has given another date.Nothing is going to happen in between.
