• Summon from court for me as witness to appear

In 2009 my laptop was stolen from a taxi. I had filed an FIR at Bhubaneshwar police station.
The police had filed and caught the taxi driver as accused. 

Currently I am registered as a witness in the case. 

I had received a summon from JMFC ( Judicial magistrate first class ) in 2013 to appear for the case as Witness.

I did not go for the hearing.

Now in 2019 I got a court summon again. And also a call from a lawyer mentioning herself as GR ( government receiver ) and she said you need to come once to appear and to close the case. She said she is representing the State and hence is my side lawyer.


She said if you do not come then court can issue warrant against you .


I am the witness in the case.



My Questions:


I am ready to go once for the hearing but can the case be closed with one hearing ?



My biggest fear is that: is there a chance that police can arrest me as I did not go in 2013 for the previous hearing ? 



Will this GR be my lawyer or do I need to hire a local Lawyer also ?


Any precautions for me to take when I visit or basic procedure to follow when I visit ?


Do I need to get in touch with police station or Investigating Officer before hand or should I just rely on the GR ( government lawyer) ?
Asked 6 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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20 Answers

you must appear in court give evidence 

 

2) it would not be closed in one hearing as you have to be cross examined

 

3) police cannot arrest you as you did not appear for one hearing as no warrant has been issued against you

 

4) rely upon public prosecutor 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

your laptop was stolen. The complaint was lodged on your behest. Therefore you have to go there and testify that itvwas your laptop. Nothing else. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Yes your examination and cross examination can be recorded in one hearing then court can close the case.

No the GR will take care.

No police shall not arrest you since there is summon and no warrant.

No precaution required visit concerned court on given date and record the examination in chief.

Visit GR office first that would in court premises only on same day like hour before and he/she shall guide you. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) You need to attend the court.

2) No. You will not be arrested.

3) Yes GR can be  your lawyer. You need not hire local lawyer.

4) Just carry your photo ID with you.

5) Need not worry. Since  you had filed the case, court will check with you about the issue. In one / two visits your presence will be required.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

  1. No the case doesn't get disposed off in one hearing. You evidence gets recorded in one hearing.(At times it takes more than one hearing for recording evidence too). 
  2. After you have deposed (your evidence gets recorded), you may be summoned at the stage of examination in cheif, and then, at the stage of cross examination; if the defence counsel of accused desires to cross examine you. 
  3. You must ignore the phone call. It's a hoax. You just get the Court summons/notice to appear as witness or for examination in Chief/cross examination. There's is no such proceedure of public prosecutors contacting witness via phone. The local police station contacts you. 
  4. The public prosecutor represents the State. All criminal offences are offences against the State, not the victim. The public prosecutor's brief is just to secure conviction of accused. He/she holds no brief for victim. So it's best that you appoint a counsel (advocate) as watching advocate to represent you who is the victim and also a witness and plead on your behalf. 
  5. I'm prepared to be your counsel. I'm based in Mumbai/Navi Mumbai just as you are.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You are a first informant and prosecution no 1 witness. In rare cases the court issues warrant against first informant. Yes Govt pleader will be your lawyer we also call them public prosecutor. You don't need another lawyer.Ideally You have to go once after which you are relieved. You can ask for witness compensation for the ecpenses incurred to reach court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- A summons is a written order, issued by the Court after a criminal complaint has been filed, that requires the person named in the complaint to appear in court on a specific date and time to answer the alleged charge.

- If, the said witness not appear before the court , then Court issue Warrant against that Witness.

- Since, you are the complainant in that case , so it is mandatory as per law, to appear before the Court for proving your case as a witness as well.

- It is not in practice in India , that a Government lawyer used to call a witness, it may be the duty of I.O. of the case only.

- No, the case will not closed after your evidence in the case, Court may call some other witnesses as well before passing its order.

- If, you will not appear on this date , then Court may issue NBW against you , and that eventuality only police will arrest you . Without NBW , Police will not touch you even.

- Dont worry , just report to that court staff/police personnel on that date and fixed time , they will themselves guide you for the case.

- No need to get in touch with any police official.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you will no appear in court, arrest warrant will issue. This is minute issue. Only once have to go court. In criminal cases, from complainant side, govt. Advocate represents. Not to worry.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

Bailable warrants of arrest shall be issued if you fail to attend the court after the service of summons on you to appear before the court as a witness .

Non bailable warrants of arrest shall be issued if you fail to attend the court after the service of the bailable warrants. In the event of this You shall be arrested and brought before the court to tender your evidence as a witness.

The court shall pass an order invoking thereby the surety bond executed by your surety in the bailable warrants. If you had given a personal bond at the time of the service of the bailable warrants then in such a case the said bond shall be invoked asking you to pay the amount of surety offered by you in the bailable warrants.

Though above is the procedure , the court is empowered with vast discretionary powers and can pass lenient orders in the above circumstances as it may deem fit .

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

no need to worry you must appear in court. police cannot arrest you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Generally your examination in chief and cross examination would be done in the very same day, if your lawyer requests for the same. It's not guaranteed.

The public prosecutor would be your lawyer. No need to hire any private lawyer.

Just state the truth. No rules as such. Be clear and unambiguous.

Directly go to the court. No need to contact the police officials. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes you need to appear only once because you are the complainant in this case hence your witness is important in the case. 

If you have recieved only summons then police will not arrest you as you are witness And not accused.

You will be represented by state lawyer no need to hire other lawyer. 

No need to contact police station go directly to court on the date of hearing meet Naib Court with summons. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

I am ready to go once for the hearing but can the case be closed with one hearing ?

Answer: It can be closed, but you must appear before the court atleast once or twice depending on the cross-examination;;

My biggest fear is that: is there a chance that police can arrest me as I did not go in 2013 for the previous hearing ?

Answer:

Answer: The police will pass orders in favour of the accused if you fail to make a case;

Will this GR be my lawyer or do I need to hire a local Lawyer also ?

Answer: You can hire a local lawyer as well;

Any precautions for me to take when I visit or basic procedure to follow when I visit ?

Answer: You must appear with your lawyer;

Do I need to get in touch with police station or Investigating Officer before hand or should I just rely on the GR ( government lawyer) ?

Answer: Make your lawyer appear on the next date.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You are the complainant, hence you are to give evidence as prosecution witness.

There is nothing  wrong in attending the court and depose evidence so that the case comes to an end after your evidence deposition.

You need not approach police nor anyone, you may just follow the instructions of the government receiver and attend the case on the date of hearing which will be beneficial to you.

You dont be scared about not appearing during the year 2013, that is gone now, you may concentrate on the present situation alone.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Good you need not take any stress to attend court  in future 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See the court on your statement will give orders and there wont be any issue. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Always glad, if we could be of any help.

All the best.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Great

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have been declare nil witness. No more call from court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Ok.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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