A Friend has been charged with Rash Driving. No one was injured, but damage to the opponent's bike and not my friend's.Police filed chargesheet under sections 279 and 427 of CrPC, 5 witnesses named. Friend has pleaded not guilty.
The case has reached a stage where the court has summoned the prosecution witnesses for examination.can someone tell me :
1) what if the witnesses dont turn up - what does the court do? or what can we do to move the court to make a decision? so far,the victim and his family have not made a single appearance despite accusing my friend of rash and negligent driving, which again is false.
2) how many times can the witness deny appearance and on what grounds? if so,what is the best way my friend can proceed to expedite the case?
3) my friend's job requires her to travel abroad for short durations. is there a time limit on the exemption she can obtain from the court through his lawyer? (eg- 2-3 months?)
4) also, her husband has recently moved abroad on a long term assignment and she is alone in this city but would like to join him at the earliest.is it possible for her to take an exemption from personal appearances? It is very unfortunate because she has to handle everything alone in a strange city, without any moral support.Can she move a petition with the court to allow her to join her family abroad while her lawyer contests the case for her in India?
She and her family are mentally under a lot of pressure with her having to take leaves from work to make appearances at the court for absolutely no fault of hers. She also has got into a situation where he has to work hard to convince her employers that she cannot travel for over 2 months at a stretch overseasfor work because of this case .
Somebody please help.
