Summon/Warrant of witness
I was serving with a government department and was witness( No.2) of a crime case . Gathering of mob trying to damage property in 2004 . The case is pending Distract court. I attended the hearing 5-6 time between 2008 to 2011. Due to different reason ,even after my attendance no hearing was held. I took VRS in 2011 and joined a private organisation. Now the police is calling me stating that summon is issued and I haven't attended for the last 6-7 hearings (They informed me 2-3 time over phone on previous occasion from my ancestral home). The court examined witness no 3 in 2013 due to my absence. The case is politically motivated . Now they are telling that the magistrate is strict and can take action including attachment of property if I fails to report for the hearing in next week. I am have to travel long distance from Gujarat to Kerala. It is not possible to get a reservation immediately for the journey . More over I don't t want to attend the hearing due the examination and entrance test of my children. Can you tell me what action I have to do? The police who called me over phone advice me to give a mail to SI of the concerned PS stating my inability to attend to avoid action by magistrate can I do so? Let me know what action magistrate can take if I failed to attend till June 2016.
Asked in Criminal Law from Malappuram, Kerala
1)if you fail to attend court can issue bailable warrant against you
2) you can send email that you are unable to attend on short notice as no train reservations are available
3) give an undertaking that you will attend on the adjourned date
You are bound to appear in the court for your evidence regardless of the fact that you have taken VRS. The court can issue a warrant of arrest against you if you do not appear on your own accord. For your children's entrance test they and not you need to study, so on this ground the court cannot exempt you. In spite of police's intimation to the court the latter can still issue the warrant. Engage your own lawyer to negotiate the hearing safely if there is a compelling reason which prevents you from appearing in the court.
Owing to your compelling situations you may not be able to attend the court, hence you may claim exemption. However it is not understood that why were you asked to attend the court many times in the earlier days when you were only witness and not an accused?
However when you can explain that since you are residing very far off from court, and express your inability to attend the court, the prosecution may decide to dispense with your witness evidence, the police shall convince the court accordingly. You may talk to the inspector of police and convince him to inform the public prosecutor to dispense with your witness.