Stranger witness in criminal complaint case
Mahesh Chand Gupta
(Querist) 03 June 2012
This query is : Resolved
Mr A submitted a complaint case against Mr B u/s 420, 406, 467, 468, 471 I.P.C. involving Mr C and Mr D as associates of Mr B. Court registered the case and issued NBW against B C and D. Now it is discovered that really there is no dispute between Mr A and Mr B and there are strong written evidences which proves that the case is a fake one. But C and D are not able to appear in the court becaseu of NBW and the lower court is not going to give bail. In these circumstances, can a stranger to the case appear in the court alongwith all the written evidences and present the same in the court.
Adv.R.P.Chugh
(Expert) 03 June 2012
No - the accused persons themselves have to appear and put forward the case at an appropriate time. If the case according to them is a frame up they should go in for quashing of the case and proceedings arising therefrom to the High court u/s 482 CrPC. But since it's an equitable relief and law does not like people who evade the process of law, without surrender chances of a favourable order are less.
ajay sethi
(Expert) 03 June 2012
how can stranger appear in court along with evidences? the accused has to appear in court . you cna appear before trial court and make application for stay of NBW .
accused has to contest the case
V R SHROFF
(Expert) 03 June 2012
Accused have to appear. They will soon get discharged, if what u say is true.
NBW warrant can be cancelled on Application, on payment of fine.
adv. rajeev ( rajoo )
(Expert) 03 June 2012
Stranger cannot appear and produce the evidence before the court. Accused are bound to attend the court. If they are not interested then let them file a writ challenging the FIR in the high court.
Arun Kumar Bhagat
(Expert) 03 June 2012
After obtaining Anticipatory Bail the C & D can ask for discharge in trial court.
PARTHA P BORBORA
(Expert) 03 June 2012
a criminal court must follow the procedure as provided by Cr.P.C. So the accused must appear before the court first. If there is a possibility that court will not allow the accused to bail, he may file an application for anticipatory bail by producing the document mentioned by you and court will definitely consider it if it has any evidencery value.
kuldeep kumar
(Expert) 03 June 2012
on showing the receipt of AB bail to the police officer coming to arrest u he will deal with u in the manner said in AB.the expression police officer coming to arrest u include NBW also.
Shonee Kapoor
(Expert) 04 June 2012
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
N.K.Assumi
(Expert) 04 June 2012
Just appear before the trial court and pray to expunge you from the case, if what you said is true.
Shashikant V. Patil
(Expert) 04 June 2012
Mr. Gupta,
It's a court and how can you imagine to produce stranger before court and inviting another trouble by making impersonation of C & D. However, Mr. Assumi is right to advise.
Sudhir Kumar, Advocate
(Expert) 15 September 2012
If strangers were allowed to appear in court, the no politician would have appeared.
