A person was arrested today for 2013 case which he didn't know about

727 votes

To provide accurate legal advice, I would the State and district where the case is pending, and whether the matter is before a Judicial Magistrate or a Sessions Court. It would also be helpful to know whether a charge sheet has been filed, whether any non-bailable warrants or proclamation proceedings were issued, and if so, whether they were ever served upon the accused. Please also clarify whether the accused has been produced before the court after arrest, whether he is currently in judicial custody or police custody, and whether any bail application has been moved. If available, kindly share copies of the FIR, arrest memo, remand order, or any court documents.

Advocate Anmol Sharma LawRato

784 votes

From the facts stated, mere registration of an FIR in 2013 does not by itself establish that the accused was absconding. If the accused had no knowledge of the proceedings and was continuously residing at a known permanent address reflected in official records such as Aadhaar, Voter ID, Ration Card and other public documents, these facts may be relevant while opposing the allegation of deliberate evasion. The prosecution must demonstrate that summons, warrants or proclamation proceedings, if any, were duly executed in accordance with law before treating a person as an absconder. The immediate priority is to apply for regular bail before the competent court and obtain certified copies of the FIR, charge-sheet, order sheets and all process issued during the proceedings. If proper service was never effected, the accused may place documentary proof of his continuous residence and challenge the allegation that he intentionally avoided the process of law. Depending upon the stage of the case and the record, appropriate relief may also be sought against any illegal or irregular proclamation proceedings. The complete court record should be examined before adopting the most appropriate legal strategy, as each case depends upon its own facts and procedural history.

Advocate Neha Gupta LawRato

884 votes

If the person had no knowledge of the case and was continuously residing at a traceable address reflected in public documents such as Aadhaar, Voter ID and Ration Card, the mere allegation of “absconding” can be challenged. The accused should immediately apply for regular/default bail (as applicable), obtain copies of the FIR, charge sheet and court orders, and verify whether summons, warrants or proclamation proceedings were ever lawfully served. If service was defective or never effected despite the police being able to trace him, this can be brought to the notice of the court. The legality of the arrest and the delay in execution of process can also be examined based on the facts and court record.

Advocate Sumegh Garg LawRato

754 votes

phale toh aap police walo se FIR no pucho or phir usme section dekho ki kya lekhya hua hai or aap dost ya relative ko arrest kiya hai toh kis bunyaad par kiya hai or aapko phale notice aaya hai ya nhi or khi wo PO toh nhi kar diya

Advocate Parmod Bhukal LawRato