Hello, 

The person who has filed the FIR will have to go to the court and the court will then send notice for appearance. 

What is happening on the dates when the case is being listed? 

Your mother may ask the court to proceed  and end the matter. 

Regards 

The court will complete the trial.  Warrant will be issued againt her.  Or you will be discharged.  File discharge application with trial court or file quashing in high court

Your mother have to attend each hearing or appointed advocate will submit application in court to dispense with personal attendance of accused/mother.

Under what section FIR is filed ?

As bail has been granted to your mother, now the criminal trial would commence during which court would issue summons to all the accused persons to appear before the court.

Presence of the person who filed the FIR ie defacto complainant would not be required by the court at this stage as FIR has been filed and the police (state) would be the complainant.

You should consider filing a discharge application in the trial court if no prima facie case has been made out against your brother had well as the police has fail to produce any documentary evidence against your mother.

Also, petition for quashing of FIR under section 482 of the code of criminal procedure can be filed in High Court to get the entire criminal proceedings quashed against your mother .

You do not have to wait for the person who made the FIR to go to court. State will prosecute the case.

you have the option of filing a question petition in High Court for discharge application in trial court to get your mother out of this matter.

You must have got the next date on which you got the bail. Court fixes the date of each and every case and if the parties do not come then the case is adjourned and another date is given. 

Confirm with your lawyer as to what is the next date because absence of your mom from the court for a long time might lead to cancellation of the bail. 

Regards 

See in trial the case starts after the police file chargesheet , once chargesheet is filed court frame charges and then record evidence. 

Your mother has to be regularly present on every date in court if she is not able to present then her lawyer has to file an exemption.

You don't wait for him , police shall file chargesheet , mother need to present on every hearing before court.

If it was FIR, may be charge sheet may not have filed yet or police submitted closer report. Court trail may not have started. 

Dear sir, 

since your mother has been granted bail in the matter you are concerned, but the issue as i am able to conceive is that the proceeding is stagnant and is not moving futher. what you can do is you can file a petition under section 482 of Crpc in the high court having jurisdiction to quash the proceeding as the complainant is evading the proceeding.

hope that solves your query,

you can contact me for consultation, if any.

regards,

YUGANSHU SHARMA

ADVOCATE

You shall have to keep a track as a preventive care.

Besides if FIR is lodged, might be Public prosecutor on behalf of state would be doing the needful and dates are taken with long interval. Until FIR is quashed, the case shall be pursued in court.

If it's FIR you will get summons once charge sheet is filed then you can file discharge if cognizance is taken by court. After cognisance court will issue you summons. 

You have two options one is to approach high court seeking quashing of FIR under Section 482 CrPC or else wait till you receive summons from the court then apply for discharge. Mostly Court is waiting for final report to be submitted by police.

police would complete investigations and file charge sheet .

2) prosecution would lead evidence . complainant presence would be necessary 

3) your mother can through her lawyer cross examine the witnesses 

4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

you will be informed when charge sheet is filed .

as accused your mother should attend court on all dates 

Obviously you have to visit in the court and get update on it , let other party did  not come you can go for Exparte.

Dear Queriest, 

Police will file chargesheet or closure report in the Court of magistrate.

You will receive notice and or court summon directing your presence in the court for trial. If your mother is made sn accused by police in the chargesheet, then she should face trial.

You should engage a local lawyer and prepare to defend on merits as an when the case is in court.

You can get out of case through

1)  closure report by police.

2) Discharge by magistrate

3) Acquittal in trial.

Your mother will get the summons from court to appear before it, the trail will start after that once  the charges are  framed.It takes time , meanwhile dates in the court will be there ,she should ask her lawyer to do the needful. 

You can find out the status online or get the help of a lawyer.  Once the charge is framed trial will start and your mother will have to  attend the court .

Appoint a lawyer and see when your mother will have to attend the court and whats the status of the case.

The person who filed has to go only to depose as a witness , but your mother who is the accused will have to attend the court whenever the dates are there unless her lawyer obtain an exemption from appearance. 

you can go for filing the quashing petition in the High Court under section 482 of CrPC. The second solution is you will have to face the trial in the present case. At the stage of trial, you will be given an ample opportunity to prove your innocence.

The case is State Vs your Mother . So it is not mandatory for complainant to be present before the court. The Public Prosecutor will present the case of Complainant before the court being the representative of the state. Whereas you being the accused, it is mandatory for you to be present in the court on every date of hearing, till you get exemption from the court. In case complainant dont come before court to record his statement and for cross examination during trial, you can request the court to issue warrant for complainant or the evidence of prosecution will be closed. Which will give you advantage at the time of argument. But under no circumstances the case will be closed. Trial will be conducted and will follow the procedure as given under CrPC.. 

Since it is a police case, the complainant need not go to court immediately until he is summoned by court to let in his evidence as prosecution witness.

Your mother will be summoned by court once the police is filing the charge sheet before court, you can wait till then.

You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court.

The complainant need not go to court.

After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.

And the case will get disposed after evidence and arguments.