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LoneFighter (IT)     04 September 2014

Accused not appearing proceedings

Hi,

My friend is alleged by police of 417, 420, 509 and a women filed a complaint. None of the alleged offenses fall under ambit of 420 and 509. So i guess, those sections might be stricken off while charges are being framed. Also, there are a very very few judgements that might have said false promise of marriage allegations tantamount to 376, Judges might feel fancy and add 376 while framing charges. 

Investigation is still in progress. Charge sheet is yet to be filed 

My friend is not in India now, and the lady has gone really crazy about bringing him back to india, i don't know for what pleasure.

She has sent Police to the company and got his number and also Corp HR number. She keeps calling HR asking him to send my friend back to India. She is pressurizing him by calling the HR from different numbers. Though one might say, this is nothing, this has got great effect on his job and reputation in the company. The above allegatons are nothing to do with company and its his personal. But she is doing everything to drag him down to grave and threaten him to accept her demands. She has tried to call him 130 times in span of 20 days. 

Queries:

-> I feel above actions equals insanity as she could have rest assured herself since the case is in court. the motto could only be vendetta. 

-> Now that she has irritated the HR so much, he might see my friend to be different from other employees and he might lose chances because of this, he already did. His project might not get extended because of above calls etc. Company may very well say, the above issue wont affect his position at company and its a blatant lie. 

-> Is there a way to get a stay on the above kind of case in high court citing work reasons. If stay petetion is filed, does it have to include a petetion requesting the lower courts to stop proceedings till stay petetion is given a judgement. 

-> Case charges have eaten into all his five year savings. Is there a quick way to stop all this :( Justice delayed is justice denied. He might as well win the case after seven years but it would be of no use, since he might have lost many things by then, his higher studies, aims shattered everything.

-> Accused will have right to work anywhere according to constitution 19 g i guess, Just because some one has filed a complaint, accused have to change his career plans, isn't this unjust. I guess there should be a way out. Do accused have to present for all the hearings. Is there a way he can plead court to surrender if court gives judgement as guilty. Is there a way one could just not attend hearings at all.  Technology has developed so much, why not have a video conferencing hearing. :/

I just understood, one might ruin others life completely even by filing a fake false complaint. Isn't there a way to change this pitiful situation, clearly victim definition has to be rewritten. 

Thank you very much. 
Thanks,

 

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

Your queries seems to be based on the situation and not law based.  Once the matter is before the court, any one accused of certain offence has to abide by the law, there is no excuse for it and you cannot ask such hypothetical questions and also again ask why , how etc.  If she has gone insane, how will the law protect your friend from her acts due to her insanity, any amount of injunctions will not forbid her from committing the insane acts, how can the law be held responsible for it.  Once sown is being reaped now.  ask your friend to be in touch with his lawyer regularly who will be able to give tips to manage certain critical situations accordingly.   Maneuvering is important now.

LoneFighter (IT)     08 September 2014

@Kalaiselvan  Sir,

Thanks for the reply. I accept your statement 'Once sown is being reaped now.'

I am not very happy to say that we have not had very good experience with a few advocates we hired for case. I was just asking if there is a option to let lawyer represent the proceedings. 

Because 'Right to silence' and denying self-incrimination is very much valid under indian constitution. If these are true, i do not see any necessity of accused being made mandatory in the court. 

Apologies for my naiveness.

May be i did not know how to pose a question. 

Thanks for your reply. 


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