Fear of arrest, please give suggestions
Raj
(Querist) 23 September 2016
This query is : Resolved
This relates to my quashing of charge-sheet u/s 498-A, 406 IPC, filed before the High Court and no stay was granted. The Trial reached at the stage of arguments, and I donot intend for quashing as result I disengaged my advocate. The High Court has issued notice to me, and finally paste the notice on wall. The High court has now issued directions to police to produce me before the next date of hearing. I am on regular bail and appearing regularly before the Trial Court and now I am reasonable apprehension of arrest by the High Court order. What should I do? Whether filing writ petition before the Supreme Court will going to help me?
Raj Kumar Makkad
(Expert) 23 September 2016
You are not going to be arrested by Hon'ble High Court rather your presence is being secured in your pending quashing petition. You had just disengaged your lawyer but had allowed to run your petition. As the same is not being represented by anyone hence high court do not want to get it dismissed without hearing you as such the order to produce you before it have been issued.
You need to come present before high court on the next date of hearing and you want to get your petition dismissed then state accordingly.
Raj
(Querist) 23 September 2016
Sir, the order of the High Court says
"Police shall produce petitioner in the Court on the next date of hearing". It means that they will arrest me from my home, and will produce before the High Court Judge? How long will they kept me in custody? Shall, I have to file the writ or SLP against this coercive order, Please guide me
Raj
(Querist) 23 September 2016
Please guide
Raj Kumar Makkad
(Expert) 23 September 2016
production ipso-facto do not mean that you shal be arrested. I have already given reply in detail. Refer to its contents again.
Guest
(Expert) 23 September 2016
Story is not convincing. He seemed either to be hiding some facts or has fabricated the story to some extent.
Raj Kumar Makkad
(Expert) 23 September 2016
Respected Dhingra ji! There are various innocent persons who do not know how to respond in such eventuality so we shall have to trust the authors even to some extent.
Ms.Usha Kapoor
(Expert) 24 September 2016
Agree with expert Mr.Makkad.
Raj
(Querist) 24 September 2016
Sir, There is nothing to hide.Facts are clear, my trial has been completed and reserved for orders and simultaneously the direction by high court, to produce the petitioner on next date of hearing
Devajyoti Barman
(Expert) 24 September 2016
You are advised enough and I have nothing to add.
Raj Kumar Makkad
(Expert) 24 September 2016
I have not raised any question mark over your facts. You have rightly been advised.
Guest
(Expert) 24 September 2016
Dear Raj,
Don't you realize that you did not include the factual statement, "my trial has been completed and reserved for orders and simultaneously the direction by high court," in your original description of the problem.
Also, your earlier statement, "the Trial reached at the stage of arguments, and I donot intend for quashing," is literally contradicted by your present statement, "my trial has been completed and reserved for orders."
All such type of deficiencies can lead to skewed opinions of the experts to arrive a right solution.
Guest
(Expert) 24 September 2016
Dear Shri Raj Kumar Makkad,
I understand that a layman is cannot be expected to give appropriate description of the facts, but some basic necessary facts should be there in their description.
You may like to observe that in his original description he did not make a mention that his trial was completed and reserved for orders.
Further, when he stated "I donot intend for quashing," that gives a very strange impression as to why a person should not intend to get the charge-sheet against him u/s 498-A, 406 IPC quashed.
That is why I expressed my doubt.
Rajendra K Goyal
(Expert) 24 September 2016
Appear on next date of hearing, engage a competent lawyer and withdraw the case.
Guest
(Expert) 24 September 2016
It is not understood, why you are afraid of appearing in the next date of hearing? Why you prefer that the police may take your custody to produce you in the court of law.
Can you please explain all that?
Raj Kumar Makkad
(Expert) 24 September 2016
The silence on the part of author concludes either the query is academic or he don't want to share the entire facts.
Rajendra K Goyal
(Expert) 24 September 2016
Thus the query may be treated closed.
Raj
(Querist) 24 September 2016
OH My God, Thanks for your replies, I am not afraid of appearing before the Court.But I am afraid, that Police should not take coercive steps in producing me before the Court.Since, next date of hearing is last week of November.Whether I should move Miscallneous Applications for Modification of order that I am ready to give undertaking to the Court for my appearance and no coercive steps may be taken by the Police?
Raj
(Querist) 24 September 2016
Dhingra sir, I agree, the fact is in Trail court we have advanced our arguments orally as well as in written form, but on order its written that arguments has not been advnced.So trial is final stage.Makkar sir, must have been knowing about the factual realities of the trail court who adjourn the cases one after another date
Raj
(Querist) 24 September 2016
Thanks for responses
Raj Kumar Makkad
(Expert) 25 September 2016
Had your query been in the line which you disclosed lastly, the discussion would not have been so long.
The question of coercive method of police in the given case do not arise. If you give surity of any neighbour that you shall appear in the court on the next date of hearing then the matter ends.
Guest
(Expert) 25 September 2016
Skewed questions without the real background can't get purposeful solutions.
Raj
(Querist) 25 September 2016
Sir, I again got confused. the order says
“Learned State counsel on instruction has informed the Court that when police reached at the residence of petitioner, he was not found and notice has been pasted on the door of his house informing him about the next date of hearing. Despite this fact, he has not put in appearance.
Police shall produce petitioner in the Court on the next
date of hearing.”
Now, whether police prior to court hearing has come to my residence for taking sureties? or on the date of hearing they will take me to the court?
Please provide me proper guidelines, what should I do, so that police will not take coercive steps against me, as I have to live under fear till next date of hearing
Guest
(Expert) 25 September 2016
You have to take initiative in your own interest.
Raj Kumar Makkad
(Expert) 25 September 2016
You kindly sleep peacefully till police awaken you and kindly don't further make postings as much has already been advised.
Raj
(Querist) 13 December 2016
i HAVE fileed the 482 crpc before the High court and ccourt has granted me relief by saying that" as per the grouns listed in petition, the application has taken on board and listing date has now preponed .and the applicant appered in perosn and hence his application has been allowed"
Thank u experts for your guidance
