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im accused one attending every notice


23-May-2023 (In Criminal Law)
My lawyer and witness one are not attending the last hearing. Business: Accused present. LWs absent. Issue B.W against LW1. Summons to LW1 was given. So in the next hearing, will I have any problem? Will any warrant be issued against me?
Answers (3)

344 votes

Okay, here’s the lowdown you, as the accused, showed up, which is the main thing courts focus on. The lawyer and your witness (LW1) not attending can be tricky, but the court already issued a B.W (Bailable Warrant) against your witness, not you.

So for you personally, as long as you keep attending hearings and cooperate, no warrant will be issued against you just because your lawyer or witness skipped. But missing your lawyer could affect your defense, so try to get a new one or make sure your current lawyer doesn’t skip again.

For your witness (LW1), if they don’t show up next time, the court might take strict action, like a non-bailable warrant. But that’s not your problem legally it’s theirs.

Bottom line: You should be fine if you appear on time for hearings. Keep track of dates, maybe get a backup lawyer if needed. Stay solid.

 

Answer #1
658 votes
The LW full form in law is "Listed Witness." It refers to witnesses mentioned in a criminal proceeding who are required to testify in court. In your case, LW1 meaning in law refers to the first listed witness.

If LW1 in court fails to appear despite being summoned, the court may take the following actions:
  • Adjournment: The court may issue a fresh summons to the witness and reschedule the hearing. Section 309 CrPC allows adjournments, typically with costs imposed on the requesting party.
  • Warrant Issuance: If the witness continues to be absent, the court may issue a bailable or non-bailable warrant, depending on the case's severity and judicial discretion. The phrase "Issue B.W against LW1" suggests a bailable warrant has been issued against the first listed witness (LW1 meaning in court).
  • Dispensing with the Witness: In certain cases, the court may proceed without the witness, allowing alternative methods like written affidavits or recorded statements (e.g., under Section 284 CrPC).
  • Examining Other Witnesses: If the witness remains absent but the accused is present, the court may continue with the examination of other witnesses. The absence of a crucial witness could impact the case outcome.
Since the LW1 in court is a witness and not the accused, the issued bailable warrant is not against you. However, you must ensure compliance with all court summons to avoid complications.
Answer #2
557 votes
Hi, LW1 meaning in law refers to the first listed witness. LW1 in court has to appear and get the bailable warrant canceled. This is a minor issue, as LW1 is just a witness and needs to testify. Once the witness appears, they will be cross-examined, and the proceedings will continue as usual.

If you are not the subject of the warrant, you have no reason to worry. Just ensure your lawyer handles the situation appropriately.

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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