SUDHIR KUMAR RAI (ASSOCIATE) 17 December 2011

Summon issued and i could not be present

Hi,

I lodged a complaint against few of my neigbhours who thrashed me coming into my room. Three offences were mentioned in the F.I.R. Two are compoundable and one is non compoundable.

The lawyers for the accused offered for plea bargaining on which i agreed.

Now he is cleverly suggesting that i go hostile in the court. I did not agree but to put pressure on me he got issued the summon. The summon was served to me but i did not go as i wanted to take advise from lawyer.

Can court punish for not appearing in court. I suspect that public prosecutor is favouring the accused.

Can the accused lawyer play some foul game with me. Please help.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 18 December 2011

No court wont punish you, If you failed to appear before the court, it will issue bailable warrant or non bailable warrant to you.

Why you are avoiding the court just appear before the court and give your evidence.

Sudhir Kumar, Advocate (Advocate) 18 December 2011

You are not clear. Whether summons were received by you? Why you did not appear due to some other valid reasons or for simply being hostile instead of appearing before judge and telling him your intention to pardon? When one offence is non-co,mpuindable then what is the relevance of your pardon? Have you agreed to be hostile ? Have you consulted your lawyer?

Sandeep Naik (Advocate) 21 December 2011

Go and check the Roznama and see what the order is passed. Be prepared for appropriate answer and give explanation in writing to the court.

i dont think the court would have taken immediate step against you withourt giving u opportunity of being heard. It is imagination rather than reality is biting you. Be bold and face the situation. In case of difficulity be in contact with me and I amy help u if u really need the same.

Sandeep Naik

Advocate - Mumbai High court

Mob : 99670 56980