Frequent Medico Legal Summons to appear in court in other state

710 votes

She may seek exemption from personal appearance and permission to appear through video conferencing under applicable criminal procedure provisions. She should file an application before each concerned court explaining her present studies and distance.

Advocate Ravindra Anjaneyulu LawRato

755 votes

since she already left the job...she can appoint a lawyer/advocate on her behalf and can attend through video conferencing, and also the same lawyer can attend all the mlc if and only if it is of utmost important then she can attend through video conferencing....

Advocate Katla Vijaykumar LawRato

877 votes

Since she has been summoned as a medical witness in cases arising from MLCs prepared during her government service, she should not simply ignore the summons. However, she can approach the concerned Trial Court through an application explaining that she has left the post and is presently pursuing higher studies in Odisha. She may request exemption from personal appearance on every date and, where permissible, examination through video conferencing/commission or on a fixed convenient date. The Court will consider the nature and stage of each case. Copies of summons, MLC details and proof of her present studies should be attached. For proper handling of the pending summons and to seek appropriate exemption/VC relief, you may visit our office for further legal assistance.

Advocate Mrudhula Jahnavi LawRato

686 votes

Namaste The practical remedy is as follows She should engage one advocate at Raigarh and file a vakalatnama in all the matters in which she is cited as a witness, so that one counsel represents her in every case and receives notice of dates on her behalf Through that advocate she should file an application in each court seeking recording of her evidence through video conferencing, relying on Section 530 of the Bharatiya Nagarik Suraksha Sanhita 2023, which permits examination of witnesses in electronic mode, and on the video conferencing rules framed by the High Court of Chhattisgarh, with her admission letter and academic calendar annexed to show genuine hardship The Supreme Court has already upheld recording of evidence by video conferencing in the Praful Desai case, so courts today routinely allow this for doctors, police officers and outstation witnesses Where video conferencing is refused in some matters, her advocate should seek exemption from appearance on routine adjournment dates and request the court to fix her evidence on specific dates, and also request the Public Prosecutor to cluster the cases so that several matters are taken up on the same visit, which reduces travel to two or three trips in a year She should also give a written intimation of her present address and contact number to the Civil Surgeon or hospital superintendent and to the concerned courts, so that summons reach her in time instead of going to the old hospital address She should keep certified copies or photographs of the MLC register entries and her own signature specimen with her, since after leaving service she will not have easy access to hospital records at the time of deposition Section 326 of the Bharatiya Nagarik Suraksha Sanhita also helps in matters where her deposition has already been recorded before a Magistrate, as that recorded evidence can be used without calling her again To advise more precisely, I would need to know how many cases are pending, the names of the courts issuing summons, whether she has been formally relieved from government service, and whether she has already deposed in any of these matters

Advocate Naresh Gaddapati LawRato

560 votes

Yes, your friend does not have to travel to court every time. She can ask the court to let her join the hearings online through video calls, just like an online school class. Simple Ways to Solve This Ask for Video Calls: She can request the judge to give her statements online using a computer. Hire a Local Lawyer: A lawyer in Raigarh can submit a request letter to the judge for her. Show School Proof: She can show the court proof that traveling hurts her studies in Odisha. Ask Her Old Hospital: Her old government hospital can help ask the court for online hearings. She can write an official letter to the Superintendent or CMO of her previous government hospital in Lailunga. The hospital administration can coordinate with the local court to facilitate tele-evidence from a designated remote point in Odisha.

Advocate Dasari Meher Hemanth LawRato