Presence of accused before trial court?
Rajat sahotra
(Querist) 06 October 2013
This query is : Resolved
A case is pending before a lower trial court Under PFA ACT.
Now one of the accused moved to the high Court for Quashing of complaint against him.The quashing petition is admitted and the entire lower court file is summoned to the High court which is fixed for 18/10/13.
now on last date on 07/08/13 lower court magistrate issued Bailable Warrants against one of the accused and asked him to appear on 17/10/13 at lower trial court i.e. before him.sUMMON WERE DULY RECEIVED BY THAT ACCUSED.
now when entire file of the case is pending in the HIgh Court and lower trial do not have any records OF THE CASE than the accused against whom BW are issued should appear before the trial court or should wait till the file returns from High COURT TO THE LOWER TRIAL COURT?
deepak kumar
(Expert) 06 October 2013
a warrant has been issued and it should be obeyed, it is none of the business of accused to see whether records are available before the court or not. This is a bailable warrant and he should appear on the date fixed and pray for bail otherwise this may snowball into non bailable warrant,let the trial court think about absence of records
regards
Sarvesh Kumar Sharma Advocate
(Expert) 07 October 2013
First apply to recall the B. W then Take a certified copy of that and file it before the high court, with the pray that lower court is not following the direction!
Rajendra K Goyal
(Expert) 07 October 2013
Appear before the court on the date fixed and take the bail.
Satya Mani Tiwari
(Expert) 07 October 2013
I agree with expert Rajendra k Goyal. To appear before the court which issued B/W for appearance, take bail on the grounds that the matter is subjudiced in Higher court. The court will accept your bail,respect of bailable warrant is must in all maters.
Raj Kumar Makkad
(Expert) 09 October 2013
Tiwari has rightly concluded the replies.
