Legal Question in Criminal Law in India

Dear Sir,

I am an Indian and working in Australia as Permanent resident.

I came to Australia in Jan.2015 BUT now I came to know my old Bangalore company has raised [b]criminal defamation case[/b] against me,

my parents got summon BUT postman was asked to deliver in person only, so summons were returned.

1. As I am out of india, company or court can send summon in Australia ?

2. If I don't receive summon at all, court will raise NON-BAILABLE warrant ?

3. If court raises non-bailable warrant and I go to Delhi, Can they arrest me in Delhi as case is in Bangalore??

4. OR can ask lawyer in India, to defend the case in behalf of me, as I can't come back to India ??

5. OR I need not to care and it will be disposed... as time passes?

Thanks,


Asked on 6/10/15, 3:03 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

1. As I am out of india, company or court can send summon in Australia ?

Summons or any notice will always be sent to the address given by the complainant to the court or to the investigating agency.

2. If I don't receive summon at all, court will raise NON-BAILABLE warrant ?

Non - Bailable warrants will be issued when you do not appear or make arrangement for your representation; or when the court forms an opinion that you are intentionally not receiving the summons from the court. The court forms such an opinion only when summons have been sent two or three times and has not been received.

3. If court raises non-bailable warrant and I go to Delhi, Can they arrest me in Delhi as case is in Bangalore??

If the court at bangaluru has sent the warrants of arrest to Delhi, then arrest could be made at Delhi.

4. OR can ask lawyer in India, to defend the case in behalf of me, as I can't come back to India ??

This would be your best bet. In my opinion, once summons are served upon you, you should engage a lawyer who would represent you by appearing on your behalf in the designated court and you may also instruct him to apply for your exemption, permanently or hearing to hearing, for you being abroad. The lawyer simultaneously would contest the case, as well, in your absence. Please note, that women are entitled to free legal aid in every state in India notwithstanding their economic status. So, if you desire for any reason, you make seek free legal aid from Karnataka State Legal Service Authority (you may try online). In case, on the face of it the complaint is false or frivolous, after filing your representation in the court, you may also file a petition in Bangaluru High Court for quashing of the complaint at this stage itself.

5. OR I need not to care and it will be disposed... as time passes?

This strategy, in my opinion, would be a blunder. Any disposal in your absence may seriously prejudice you and it will be complicated to get things undone at the appellate level, unless you have not been served summons and still the court has proceed in absentia.

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Answered on 6/10/15, 11:00 pm


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