An ailing 83 years old witness
Goapl Garg
(Querist) 18 August 2017
This query is : Resolved
My father is is 83 years old and suffers from verious, serious Cardiac Ailments and is under medical attention since last 18-20 years(records available) He is specifically advised against stress-mental & physical, Exertion, Long Journey and is advised to move on same floor only to his capacity. He has been named as a witness in a criminal case arised out of forged sale of ancestral property by his brother to some outsider and a compalint has been filed by one of co-sharer.My father, though a co-sharer, did nothing, never visted the place or not plaintiff and respondent.Upon receipt of summon he went to far away in small town court at Rajasthan with our personal company & assistance but could only complete his statement before Public Prosecutor which were recorded and signed.Owing to very proactive atmosphere and deliberate provocation and tactice of defense lawyer he could not withstand and fainted inside the court and had to be admitted at District Hospital. Now one date is passed.Another date is approaching.The Opponents are threatning with issue of warrant against him.He is only a witness. What to do ? Very anxious...please
Guest
(Expert) 18 August 2017
What is the case and how he was quoted as witness, by the applicant or the defendant?
Dr J C Vashista
(Expert) 19 August 2017
The author is strongly recommended to join a local law college/tutorial centre since he is in the habit of asking similar questions such as:
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Sudhir Kumar, Advocate
(Expert) 19 August 2017
when you are suitably advised in
http://www.lawyersclubindia.com/experts/Petition-for-commission-642736.asp
then are you taking viva of the experts.
Goapl Garg
(Querist) 19 August 2017
Firstly I should express my regret for causing pains to Dr.J.C.Vashista for I have been an active querist on this page.But this regret ius only meant to Dr J C Vashista as he feel that one can not/should not ask frequent queries over such forums.He must have grown a feeling that I am a habitual litigant who spend time in courts anbd on this wall for my bread & butter. It is not.I am a litigant not by choice but for deeds of respondents only and frequently visit this wall because the Judiciary is wrought and corrupt, do not work, especially at small towns and villages where Cast-creed-local influence-corruption is so prevelant that even the date are given seeing your face.Nextly the advocates available are really experts. They practice in all fields, civil, criminal,corporate, matrimonial, accident tribunals,conveyancing,etc etc and what not apart from being the Notary & stamp seller himself/his wife.So naturally their knowledge, and expertise suffers and you may be astonished that large percentage of them have not seen the face of law college as they were just working as Munshi in college time and took only exams and passed with unfair means.Even they settle their own scores on such issues.So one needs to seek better opinions over such walls. Nextly the most common problems nowadays is that the advocates at such places do not speak out anything just to be look good, keep good the humor of Presiding Officer as they say that they have to come to this court daily for their breads.Now tell me Gentleman what would you have done in my place?All the queries posted were genuine and their replies paid rich dividends and helped as I quote them to my local lawyers. But if you feel disgruntled then I am really sorry I bothered this forum. I would deactivate my account in next 2-3 days. But, note down one thing, the common man do not get justice because of poor judiciary and mal-practsing advocates and I am not making such remark because I am angry but I have experince in this field. Law Professionals are as corrupt and irresponsible as the Judiciary is.Judiciary provide you service without fees(very small court fees charged) but Lawyers do not return value for money charged.You may feel bad but this is fact nowadays.Very few counsels are there who charge but pay you back.So do not dare to make such comment on any/every body. We are not beggers before you but we are victims of your community and temples.I stand by my submission.
Goapl Garg
(Querist) 19 August 2017
and now learn the case and give opinion.... two of my uncles sold our ancestral properties making sale documents in the name of my father who never the native place for last 30-40 yaers.We came to know about it from second buyer after one year of sale, confronted the relatives, were badly treated, thrashed, pushed, warned.We filed criminal complaint, they filed multiple false reports, make us nearly arrested, made us run with my old father once a week to 1700 kms far way place in rajasthan.Now their case are closed, Ouir complaint is being heard at trial stage .I am complainant, my father is witness and ther are only five witness from police....the case is finioshed and culprits would see gallows.my statement is complete.they shouuted, misbehaved,threatned my 83 years old father before the idiot magistrate and my father fainted.We made prayer for commission and the majistrate says that the local police serving the next date summon should give report about health of my father ? Why the local police would give any report? They have just served the summons.The local advocate says commission is not allowed in criminal case. Other says this has not happened in history.Opponents says let this idiot old person die down so we are discharged. Now tell me where is "judiciary" and Judicial Practioners? The system is rotten Sir ! because of both of Judicial System and for your community.Do not give me advise on this Issue. I will mange.But do not project yourselves as saints. you are not.
Guest
(Expert) 19 August 2017
Mr. Goapl Garg,
It seems, besides your adverse opinion about the judicial system, you are also angry with the experts of this forum. No system is perfect in itself. But, procedures are destined to be observed.
By the way, from the description of your query, could not you feel that if you were desirous of help help from experts, why to expect them to waste their time just to seek the very necessary basic information from you?
The experts are here to give you their opinion and welcome the querists with their queries, but only when their description is appropriate to help them understand the crux of the problem and to form their purposeful opinion, not on guess or presumptions that may confuse the qerists more and more.
Every one would have been happy to guide you on your problem, if you could have presented your problem in a proper and precise manner with appropriate background of the case, whereas without mention of basic facts, you seemed to have expected the experts to be well acquainted with the background history of the case, which you never revealed. Frankly speaking, your question seemed to be just an academic type of question like a teacher asks his students.
That is why I had to ask a question to you to seek the basic necessary information. Even in your reply you have still not clarified whether your father is the main applicant or a witness from your side.
Now about your case, the question arises, when you have made your 83 years old father as applicant or even your own witness from prosecution side, it was up to you to make appropriate arrangements for accomplishment of his evidence. Your own lawyer may have sympathy with your aged father, but neither the magistrate and public prosecutor can ignore the legally prescribed procedure, nor the defense lawyer would like to show any mercy on the opponent or his witnesses. That reality you cannot ignore.
Since defendant has the right to cross-examine the applicant and his witnesses, you cannot expect your opponents to sympathize with your aged father? Mere examination-in-chief before the public prosecutor was not sufficient to complete the process of your so called rotten judiciary system or justice sought by you and your father. That statement of your father was also to be established beyond doubt during cross-examination by the opposite lawyer. failing which can only weaken your own case and may be more harmful specifically against your aged father, if the other party becomes successful in proving the case as false and fabricated, may be by the smartness or tricky dealing of their lawyer.
You are required to understand that the strategy of the opposite party always is to weaken the case by hook or by crook. In any system, everything does not move according to the wishes of the applicant. Justice is never a one-sided affair. Other party has also to be given opportunity to defend his case. May the defendants be criminals or saints, wrong or right they are to be given opportunity to defend their case to prove their stand in their defence, particularly through cross-examination. So, if you are desirous of justice, must get prepared for all the eventualities or rigors of the cross-examination.
Rajendra K Goyal
(Expert) 19 August 2017
Your father has to complete his evidence and cross in spite unfavorable health conditions.
