Robbery case
haresh
(Querist) 30 April 2015
This query is : Resolved
Dear All,
I filed FIR against person i caught red handed taking my mobile from my pocket. I got my mobile back from Kalyan railway court after signing Bond of Rs. 15000/- and i instructed by court to be present along with the the mobile (which i got back) whenever court issue summon for proceedings against that person. It might take one or two years my number to come because of lots of cases pending in the court. I am planning to go abroad to get the job there. Please guide me what are the circumstances if i do not appear in the court. What remedies are available to me as plaintiff?? as i cannot sacrifice my career due to long legal procedure. Please guuide me
I.S.Roy,Advocate
(Expert) 30 April 2015
Dear Haresh
Then due to non appearance of complainant the accused will be discharged but take proper guidance from local genuine criminal advocate that after leaving yourself to abroad then how to talk with police if they may approach your kith and kin in the local for which I can give advice but it is very lengthy.
with regards
I S Roy , Advocate
Cyber laws consultant
haresh
(Querist) 30 April 2015
Thanks a lot Roy Sir...
Sudhir Kumar, Advocate 
(Expert) 30 April 2015
accused may be discharged if you are not able to be present in court inspite of Arrest Warrant, which can be issued against you if you fail to bring the mobile to court.
If the accused is discharged then he has a right over the mobile phone which was recovered form his custody, as theft is not proved. He can file civil suit against you or criminal case of BOT.
Therefore it is need to consult lawyer
Raj Kumar Makkad
(Expert) 30 April 2015
You are not required to take this issue so seriously. You are required to come present for the purpose of the evidence only if you are summonned and if no notice is sent to you, you need not to worry.
Guest
(Expert) 30 April 2015
No escape, as no remedy is available for you, except to prove the case as the main witness of the event. If you plan to leave India, either you should make feasible to appear before the court as and when summoned, or let the case die its own death by virtue of expected ex-parte judgment in the case.
haresh
(Querist) 30 April 2015
Thanks a lot to all of you
haresh
(Querist) 30 April 2015
Will request PS Dhingra sir little to explain " death by virtue of expected ex-parte judgment in the case" ??. how does it works?? am I liable get arrested? what could be worst circumstances. if I go abroad and my father presents mobile in the court on my behalf. I feel very disappointed. being victim of robbery... legal system doesnot give satisfactory conclusion.
haresh
(Querist) 30 April 2015
Also thanks to Raj Kumar Sir for the advice. just want to ask you what are the chances that i will get summon in this case.
haresh
(Querist) 30 April 2015
Sudhir kumar Sir I got Original Bill of mobile with me also i have submitted copy of that bill to the court.. how can that robber will have right on my cell phone. Can i take my caase back?? what is the procedure for that??
Sudhir Kumar, Advocate
(Expert) 30 April 2015
you have original bill alright.
but theft has to be proved and your evidence and production of case property is needed.
haresh
(Querist) 30 April 2015
Thanks to all
Guest
(Expert) 30 April 2015
You are welcome.
Rajendra K Goyal
(Expert) 30 April 2015
If you do not appear in the court, court would issue warrants against you.
You can not send the mobile in the court through your father.
Agree with the advise of Sudhir Kumar ji.
You have original bill, the instrument was recovered from the accused and you have to prove that he took it by theft.
