Summon to appear as witness
I had filed an FIR about a stolen laptop in Jan 2010 with the Delhi Police when I used to study there. After 4 years, I have now received a summon from the court to appear in connection with the case. However, I am not in Delhi anymore and it is critically impossible for me to appear on the given date. What should I do? I am currently in Bangalore, Karnataka.
Asked 3 years ago in Criminal Law from Bangalore, Karnataka
1. Since you are de facto complainant in this case, you have to eventually attend the case and depose before the Magistrate.
2. However if you cannot attend this date then engage an advocate and ask him to seek adjournment so you can attend on the ext date as fixed by court.
1. Your deposition is required as you are the complainant. The court has the authority to issue a non-bailable arrest warrant if a witness does not turn up in the court on the date of hearing.
2. Since it is impossible for you to appear in the court you should engage a lawyer and seek adjournment through him so that the court does not issue a warrant against you.
Your attendance is required being the complainant as you will not be able to visit seek for excemption through a lawyer.
Thanks for the prompt response.
1. How easy would it be to seek adjournment from the court? Will it be done only on the day of the current hearing, or, can I file an application separately?
2. In case a lawyer is representing me in my absence, what documents/formalities do I need to provide so that the lawyer can appear without me in the court?
3. Will the future date after adjournment be decided by the court? Or, can I ask the court for a date which suits my schedule? Usually, how long after the adjournment would the date be decided? Can it be 6 months later?
Asked 3 years ago
1. You need to depose before the Magistrate in connection with the case since you are the defacto complainant,
2. Take adjournment through your lawyer.
1. It is very easy to take adjournment for the first time,
2. Your lawyer will submit an adjournment petition praying for adjournment of hearing to the next date on acceptable grounds,
3. You shall have to execute a Vakalatnama in favour of your Lawyer,
4. Your lawyer will inform about the next suitable date for you which the Court will generally accept.
engaged a lawyer in Delhi & execute a vakalatnama, the advocate may file an application for adjournment and the court may allow the same and fixed the same for next hearing and at that time your lawyer may pray for the suitable date as per your schedule.
Advocate, New Delhi
1. Getting an adjournment will not be a herculean task if the case is put forth effectively.
2. The application for adjournment is to be filed a day before the hearing so that it may be taken up by the court the next morning when your case comes up for hearing.
3. You need to execute a vakalatnama in favour of your lawyer so that the lawyer-client relationship comes into existence.
4. You can request the court to allot you a date which is convenient for you, albeit is it the discretion of the court to accede or not to accede to your request. A 6 month long date will not be granted under any circumstances by any court in Delhi.
you should appear before the court and file an application under section 205 cr.p.c. for dispensation from personal appearance. then all proceeding shall be conducted before your pleader. District court of Delhi has state of the art facility and your statement can be recorded by video conferencing. and this audio-video record is now admissible in the court. so whole proceeding could be completed without your physical presence.