• Criminal writ petition in High Court against NRI

A criminal writ petition in Delhi high court has been filed against me and some ministries and local police.
I am now NRI and living in other country. Petition notice has been mailed to me and not by post. Is it valid?

In notice I have been given a date to appear before court. How should I respond to the notice now to put my stand as NRI.
Asked 5 years ago in Criminal Law
Religion: Hindu

4 answers received in 10 minutes.

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22 Answers

Yes service of notice by mail is valid.

you will have to appear before the HC, the notice must be having some writ petition number.

share the copy of notice for a concrete advise.

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Notice compliance is valid, hire local lawyer, he/she will represent you in court.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Notice can be served by way of email too, if the same was permitted by the court while issuing notice.

You will be given an opportunity to respond by filing a counter affidavit. 

Your NRI status is immaterial as everyone is equal before law and is dealt in the same manner.

Contact some lawyer to prepare the counter affidavit and to appear before the court on your behalf on the mentioned date of hearing.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Who has mailed you the notice? Court doesn't mail notice like this. Neither is the valid and admissible service. You are best adviced to ignore it

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

Dear Sir, you need to show the notice sent to you. Only then will it able to advise you accordingly. Now, that you have received a notice you need to appear through your lawyer. We also need to see the criminal writ filed against. 

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

1) you should appear before trail court on said date 

 

2) make an application for exemption from personal appearance until further orders 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

No need to come, hire advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

You can engage a lawyer to appear on your behalf 

 

make application for exemption from personal appearance until further orders under section 205 cr pc 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

You do not have to fly down to India to appear before the court on the date of hearing. It can be dealt by your lawyer.

You can hire an advocate to appear before the court on your behalf and file counter affidavit.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See you need to come to india to file reply and appoint advocate to contest on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For reply you need to do affidavit before Notary in India and NRI status is immaterial.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, you have the right to put your counter through your lawyer and not coming all the way down to delhi

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

You can engage some advocate who may appear for you. Your appearance is not necessary.

 

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Rules state that a notice is served in person or through registered post. Following the enactment of the Information Technology Act, which recognises electronic communication as evidence, courts have allowed parties in a litigation to serve notice through email, in addition to traditional methods. Earlier this year, a Delhi metropolitan magistrate had allowed a woman to serve  summons in a domestic violence case on her estranged  husband in Australia via WhatsApp. The court had said that the "double tick" on WhatsApp showed that the summons have been delivered. 

In civil case summons, those who have filed the case against you gets an upper hand and there is high probability they will be benefited with ex-parte order.

In case of criminal summons court may issue bailable and non bailable warrant against you. The court may further declare you absconder. publish the notice in newspaper, declare you a proclaimed offender and also can attach your property.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

notice can validly be served through e-mail.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should appear before Court or You can engage a lawyer to appear behalf of you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes, this notice will be valid and you need to appear in this case on the next date, either in person or through an Advocate.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

You need not fly down for this case specifically. You can engage a lawyer and file a reply through him. I will advise you to engage a lawyer to represent you in this case.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

Dear Sir,

 

-First of all, do check whether the sent notice is truly sent by respective court only

-The Court can send the notice by mail also along with sending summon at your available address with court

- There is no such requirement for you to appear in personal until there is specific instruction passed by court

- Hire local lawyer to appear on your behalf and seek exemption for personal appearance. 

 

Regards

 

Vivek  Arya 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can appoint a lawyer he will represent you. Right now you don't have to appear. Only if court directs your to appear the question arises

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

The notice served to you by email is also a valid service of notice.

You may engage the services of an advocate, file a vakalat on your behalf and then if necessary you may appear befor court on a later date.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Yes, you can make first appearance through a representation by your lawyer, and after that if court insists on your appearance then you may fly to India to attend the case.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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