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Need help regarding my case of POCSO


16-May-2024 (In Criminal Law)
Hi. Need help regarding my case of POCSO. My lawyer is not sending summon to victim to appear before court and victim is also not coming in court . It's 1 year already passed and when I am asking to come to court for chief examination , his lawyer is saying send us summon then we will come to court and I being accused need to appear on every date . The case is at evidence stage from past 8 months and victim is not coming and my lawyer is making me fool as even after asking him to send summon.
Answers (5)

Answer #1
846 votes
yes ,you need to file an application for the court to expedite the case as the victims are delaying the matter,if victims are not coming ,the application you can file before the high court ,for Expedite the matter
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

LawRato Delhi | 200+ Answers
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Answer #2
951 votes
Firstly, it's not the lawyer who sends summons to the complainant/victim. Secondly, The court will summon the victim as per the need of court proceedings. If you are saying that your matter is at the same stage from the last one year, You need to consult a lawyer who can inspect your court file and can guide you further.
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Advocate Mohit Rajput

Adv. Mohit Rajput

LawRatoDelhi | 100+ Answers
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Answer #3
692 votes
A lawyer is not entitle to send summons to the witness in criminal case. Only the court will order for issuance of summon to the witness. So, this is not the fault of your lawyer. An accused is duty bound to appear before the court on each and every date but the witness will only appear when he will be called by the court.
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Advocate Ajay Kumar

Adv. Ajay Kumar

LawRatoDelhi | 25+ Answers
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Answer #4
570 votes
If the case is at evidence stage then it's court duty to call the victim through the summons that are issued by the magistrate. And if the address is not traceable then you can also provide the court with any fresh address. Without recording the evidence of the victim the matter will remain stuck in PE. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #5
729 votes
You can apply for substituted service of summons and should try do summoning through email & WhatsApp or you may apply under 65 crpc. even then if he doesn't appear bailable warrant should be issued by court
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Advocate Vinay Redhu

Adv. Vinay Redhu

LawRatoDelhi | 200+ Answers
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