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Filed an FIR which is now in court but I am no more in the country


23-Aug-2023 (In Criminal Law)
Hello, looking for some help. I filed an FIR for harassment at work place in Delhi in 2013 and after a while I left Delhi and then left India post my marriage. Recently in my fathers home in Jharkhand Delhi court has sent summons to be present. My parents insisted that I am not married and don't live there or in the country still the delhi police man forcefully gave that summon and got it signed. Me being in Foreign wrote a letter to Delhi court that I can't attend the court date in person but can be available in video call or email and also mentioned court can take a final call as feel good but that letter reached 1 day after the hearing date due to Indian post office's error. And now I have a bailable warrant with 20K and the case status is showing Put up on 08.01.2018 for purpose fixed. What on the earth can I do now, I can't go back to India and I have written this in details to the court, on top of that the MM has changed. Can someone kindly advise, will be grateful. Thanks, RJ
Answers (5)

Answer #1
636 votes
Oh ! Wrongly handled the case. Why your father accepted/ received the court summons?
There would have been no problem if your father would not have received the court summons.
Even if summons were received by your father, then remedy available was to approach a lawyer and appear on your behalf. Rest of the things would have been taken the case by the lawyer. Now, the best course of action is to engage a lawyer, who will take care of your case. Don't worry, things can be set right. But you must act fast, in any case before next date. Contact immediately.

Answer #2
706 votes
First of all, I would need to know the stage of your cases both in the trial court as well as in the High Court to provide legal opinion. The Complainant need not afraid if the bailable warrant is issued against you. It is just a compulsive notice to secure appearance before the Court. In these situations, the Complainant has to appear before the Court on the next date of hearing. On that day the examination-in-chief and cross-examination will be conducted in respect of your FIR and thereafter you will be discharged and need not come ever again if Court directed.
Thanks & Regards.
Answer #3
871 votes
File an interim application seeking for personal exemption and that in event of personal attendance for example to give a statement and cross you shall be available on Skype. As and when required by the court.
Also file another application attaching along the postage date and documents to cancel your bailable warrant. This can be done before the NEXT DATE OF HEARING.
Answer #4
990 votes
Firstly u will have to disclose the details of the case, meaning thereby, what exactly had happened which prompted u to file a complaint. You can send the FIR no. If u want. Complete detaila of the incident is necessary for giving u appropriate advice
Answer #5
787 votes
As per your version, you had lodged a complaint about harassment at work place in 2013. Court only summon to the complainant or witness when the charge sheet has been filed against the accused to prove the allegation made in the complaint. Now, as you are not in Delhi nor in India, and summon is already served to you through your parents in Jharkhand, hence the court has issued BW against you to appear in person. Now next date of hearing is 08.01.2018, hence meanwhile you can cancel your Bailable Warrants through an Advocate or attorney on your behalf and also moved an application for recording your evidence via video conferencing as you are unable to come in India.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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