• Is it mandatory for Informant / Complainant to Attend Court hearing

Hello,

In 2009 my laptop was robbed in Bhubaneshwar from a taxi.

I had filed a complaint with Bhubaneshwar Police. They had caught the driver of the taxi in which I was travelling. I am also not sure if he was the thief but basically police said he seems to be the culprit.

Now 9-10 years later I get a call from the Bhubaneshwar Court official that I need to attend the hearing once to close the case. Without my attending case cannot be closed.
Or else they will have to ask Bhubaneshwar to issue warrant against me.

MY Question:
Is there scope in law to issue warrant against informant / complainant ?
I mean , I lost my laptop and now they are saying come all the way from Mumbai to Bhubaneshwar or else a warrant will be issued.

Cant I send an affidavit from Maharashtra by post that please close the case ?

As my travelling cost to Bhubaneshwar just to close the case itself will be lots , can you please suggest way out ?
Asked 2 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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25 Answers

  1. Sir, courts issue summons or processes. Making telephonic calls isn't the procedure. 
  2. A hoax has been played upon you. You are best adviced to ignore it. Or, if you are social cause types, you can straightaway file a police complaint regarding this hoax

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1422 Answers
5 Consultations

4.4 on 5.0

If case is filed agasint the driver, police must have recovered laptop, haven't you released it from court ?

IF Complainant dose not appear in court to record statement, warrants issues but not as issues for accused. Hire some local lawyer, he will appear on next date to take adjournment.

IF polcie has filed closer report than court issue summon to appear in court, if you want to file protest the polcie closer report. So first ask the investigation office about stage case.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

1) complainant has to attend court failing which bailable warrant would be issued against him 

 

2) you cannot send an affidavit 

 

3)you can go by train 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

As you're the complainant you have to be present only on one day. 

 

On behalf of you ask lawyer to attend and give him vakalatnama signed and close the case.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Dear

It is important in a criminal case for complainant to present in court and give statement regarding the incident happened.

If you don't go to court they will first issue Bailable warrant against you and if you still doesn't attend the court hearing on the date mentioned on the Bailable warrant then court will issue Non bailable warrants against witness of case. 

So it is advisable that you should attend the court proceeding to avoid any action against you.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Hello

  • You have to appear before bhubaneswar court in person because it is a criminal case. 
  • Court can issue warrant against you if you will not appear before the court.
  • You can not send an affidavit from the Maharastra the court.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

1. It appears that the case is put to trial and if that is so then you will have to depose in court in person.

2. Now for this the court has issued summons and if on service of summons if you without explaining or seeking exemption from attendance on one particular date remain absent then the court can issue warrant of arrest.

3. So either attend this date or seek extension of time for attendance by engaging an advocate. 

4. But you will have to attend the proceeding sooner than later in default of which the court has got every right to issue warrant of arrest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

would advise you that you attend the court and take an adjournment . 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

No it's not compulsory to attend. You can file a permanent exemption in the said court showing your issues to attend the  court

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Yes at least once you have to appear before the court to identify the person and submit your statement in the court in case you do not appear before the court please build up the matter and the culprit will be acquainted

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

No you cannot give any affidavit. 

Police might be filling closure report and for that presence of complainant is must. 

That is why they are calling you there

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Hi

Yes warrant can be issued against you.

Request for video conferencing 

Thank You 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Yes court can issue warren against the complainant for not being present in the court.

No you have to present before the court and record your statement. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

yes, warrant can be issued against the complainant under section 350 of Cr.P.C. for non appearance of the witness.

your personal presence is mandatory for closing the case.

 

as this will be the police case and you are the witness than the court will pay you the travelling expenses.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

You are the defacto complainant hence you will be examined  as prosecution witness No.1, after which other witnesses will be examined by court to dispose the case. If you do not appear before court even after receiving the notice or summons, then the court may issue a warrant against you.

This is a routine procedure which you cannot avoid.

Since this is provision and procedure of law you cannot avoid it by any other means, you may have to appear before court in person at least once so that the case will come to a close.

 

T Kalaiselvan
Advocate, Vellore
75052 Answers
1263 Consultations

5.0 on 5.0

Criminal case

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

It is criminal case filed under section 378, 379 of IPC  for theft 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Without knowing the details no one can help you to know more about the case.

You at least could have given the case number, court name, which district, state etc, so that one of the lawyers here would have helped you to get the details of the case.

 

T Kalaiselvan
Advocate, Vellore
75052 Answers
1263 Consultations

5.0 on 5.0

- Since you are complainant in that matter , hence for proving your case by way of evidence , your presence is mandatory as per law.

- If , you will not appear before the court , then court will issue warrant against you to fix your appearance.

- But, generally , there is no practice of calling any witness or accused in any court of India.

- The person , calling you may be police official.

- No , by way of affidavit , you cannot solve the said issue.

- You should ask for FIR number from the said official/police official , to know the details of order. 

 

 

 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Most probably the case type would be CHI (challan IPC) 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

select criminal case and then enter case number and year. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

It will be a PW case

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

The case is called as GR Case ( Government Registered). You should Type as GR No......(case no). For example GR No 231/2019.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Send CASE NUMBER HERE

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

The case type shall be CC.

 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

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