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Is it mandatory to appear before National Investigation Agency
04-Oct-2023 (In Criminal Law)
We are from Madhya pradesh and we received a witness summons from National Investigation agency to appear before them in Guwahati in some case of 2012 for witness, We have already replied in 2012 in written that we don't know the accused and we don't recognise him, as we were informed that the accused caught with the i card of our company, upon which we reverted that we don't issue such i cards and the concerned person was never with us... is it mandatory to appear before guwahati court
Sir/Madam you start your query by stating that "we have received summons from NIA to appear before them" and it ends with "Is it mandatory to appear before the Guwahati Court." Both are different things.
If is from NIA to appear before them maybe it for recording your statement under section 161 of the code of Criminal Procedure. All you have to do is appear before the investigating officer and depose your statement, which shall be reduced to writing but you are not supposed to sign it.
If it is from the court then the case has been charge sheeted and you are one of the listed witness in the charge sheet.
From your query what I could gather is you have received a summons from the Special Court, NIA. In that case you shall have to appear before the court or else the courts have the power to issue bailable and non warrant against you, once it finds that the summons has been duly served but still you have not appeared before it. If the date on which you are supposed to come is inconvenient then you can ask a lawyer to appear on your behalf before the court to file a petition and the court shall fix another date for your appearance.
Please check if there is a seal of the court.
If is from NIA to appear before them maybe it for recording your statement under section 161 of the code of Criminal Procedure. All you have to do is appear before the investigating officer and depose your statement, which shall be reduced to writing but you are not supposed to sign it.
If it is from the court then the case has been charge sheeted and you are one of the listed witness in the charge sheet.
From your query what I could gather is you have received a summons from the Special Court, NIA. In that case you shall have to appear before the court or else the courts have the power to issue bailable and non warrant against you, once it finds that the summons has been duly served but still you have not appeared before it. If the date on which you are supposed to come is inconvenient then you can ask a lawyer to appear on your behalf before the court to file a petition and the court shall fix another date for your appearance.
Please check if there is a seal of the court.
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Adv. Joyraj Borah
Guwahati | 25+ Answers
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My opinion that it is mundatory to present before the court when a court issued a summon against any witness or accused. Otherwise the court will issue a warrant of Arrest or bailable warrant against the such person. Which will be dead upon the court.
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Adv. Anjan Borboruah
Jorhat | 25+ Answers
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U said u have already replied ib written ....to whom?
If the court sent you summon fr witness its better you come on the date and give your deposition..... no harm in that. Your name is in record hence the summon has been served.
If the court sent you summon fr witness its better you come on the date and give your deposition..... no harm in that. Your name is in record hence the summon has been served.
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Adv. Abdul Halim
Dibrugarh | 100+ Answers
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When you receive a summon it is advisable to appear...you maybe not involved at all but when you don't appear it is kind of offending the court..so I suggest you appear. .M sure you have d date on which you are to appear.....kindly do appear
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Adv. Shahbana Nasrat
Guwahati | 25+ Answers
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