• Is it necessary for me to appear in court for a B final report hearing for a case?

Hi

First, thanks in advance for your advice. Here are the details of my question.

In Aug 2016 I had filed a case against certain ex-employees of the company where I was appointed as Managing Director. The case was that of criminal intimidation and cheating. I was a new hire and was instructed by the management based in the US to do this. I simply followed their instructions and filed the case against these old employees.

I was the complainant/ authorised signatory on behalf of the company on the complaint. The police assured us that they will investigate the case and take action. Subsequently, I got to know that all the accused in the case got bail.

In any case, I resigned from this company myself in June 2017 and following this, I have written a letter to the authorities at the pertinent police station. The letter was in fact composed and dictated by the police inspector there and stated that in reference to the earlier complaint, I wish to inform the authorities that I no longer hold any position with the company on whose behalf I had made the complaint. I wished to be removed from the case completely as I have resigned from my position with the company and am no longer associated with it.

Now in June 2018, a police constable called and informed me that I need to appear before the court because they have a B final report hearing. He says it is just a formality and I only need to appear before the court to say yes/ no and the matter will be resolved forever within the hour.

I am in fact out of station as I have left the city where I was working. I do not intend to attend this hearing because of the dangerous nature of the accused. I do not want to appear before the court in this matter.

Please advise-

1. What are the repercussions, if any, if I do not travel to appear before the court for the hearing?

2. Is there a remote way to communicate my decision to the court through the police station or any other avenue?

Please understand that my intention is not to disrespect the law or the legal system but to safeguard me and my family's physical well being.

Please understand that I require urgent help and support.

Any assistance in this matter will be appreciated.

Thanks
LV
Asked 4 years ago in Criminal Law
Religion: Hindu

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9 Answers

1. You may ask the company to send official representative to the court and may intimate the same to the court by an application.

2. Engage an advocate who may do the needful for you.

Go ahead and take steps as told.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Presence of complaint is necessary at the hearing of B closure report

If you are unable to attend on said date seek short date when you can appear before the trial court

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Please note Since you were just a authorised representative of company and since you left job you need not appear. Just send a letter to the company that they need to send another authorised representative to hear on b report also to the judge of concerned court that you are no more associates with previous organization so the company should appoint new person to challenge b report.

You were acting on behalf of company if company do not represent b report will be accepted and case will be closed. You can write to the concerned judge or registrar of court along with case number and next date of hearing

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir since you were just an authorised representative send a letter to the company to appoint further authorised representative as you no longer work for company therefore you cannot act on there behalf.

Further send a copy of this to the prosecution advocate also with cover letter stating to seek some time since you are out of station and cannot travel and has left the job and can no longer take action on behalf of company you have informed the company to appoint new representative. The prosecution advocate shall inform this to hon'ble court.

If none from side of the company is present the court may give some time or can simple accept B report and can close the case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Your previous company can appoint another AR by way of board resolution and the same can be submitted in the court on the date of hearing, thereby replacing your authority. For this purposes, you should get in touch with your previous company for such appointment.

2. You wouldn't have to appear before, if a new AR I'd appointed by the company.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. you are no longer associated with your former organisation

2. you have also communicated this to the police

3. hope you have a copy of the letter addressed to police for your record

4. you also need to intimate your company that upon your exit from the company, it will be the company's responsibility to appoint another authorised representative in your place who can represent the company in court

5. you need not attend the court hearing

6. it is for the company to take steps now

7. if the company does not send someone on its behalf then it will be the company's loss

8. if you are again called by that police constable then you have to ask him to contact the company directly and not you

9. the court will not take any legal action against you for not appearing. You were just a face of the company which is an artificial person and needs human agency to represent it

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Cleint,

Complainant cannot be substituted in criminal case. You are prime witness of the case, so your have to appear for recording evidence ( one day deal ). Don`t worry, no criminal can do any thing in court or outside otherwise straight jail.

No repercussion, u can appear on next date but once u have to appear before court, tell the police official, due to out of station can`t present on same day.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. how did you get the information from police to attend the court. If it was through a notice then you may give in writing that you are no more employed in that company and may ask the police to aproach the company for sending their authorised representative for this purpose. If it was a oral call then you may ignore the call and dont pick their call in future, nothing will fall on your head.

2. Read the above answer for this question too.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

As an experienced retired judge I answer your questions as follows.

1. What are the repercussions, if any, if I do not travel to appear before the court for the hearing?

Ans: Nothing, in fact you are unconnected to the said case on the day your resignation was accepted by your company. It is the company’s duty to entrust such duty to replace some other office to look after the complaint and its developments. AT the most you may ask your previous company to attend the court and proceed if they wish. As a procedure, the court send notice to the complainant on record to know whether the complainant has any objection to accept such B Report/Closure report filed by police. If no objection is filed then it will be accepted and accused will be discharged. Otherwise court will here the matter and proceed it and convert into private complaint.

2. Is there a remote way to communicate my decision to the court through the police station or any other avenue?

Ans: Yes, it is your moral duty to send intimation to your previous company because IO not replaced your name with that new incumbent who taken charge of your previous. It was due to your company not communicating with the IO. Now you can send a letter to concerned Government Public Prosecutor by registered post describing the developments and it will be placed before the Court thus your duty will come to an end. You contact me through this website administrators for any clarification.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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