covance 10 June 2015

Nri with crime

Dear senior Lawyerss,

I have a question. I was having matrimonial issues with my wife. Our daughter was born and I and my mother went to my In laws place for naming ceremony. There my brother in law who is an NRI in america physically assaulted me and abused and threatened my mother. I developed contusions and abrasions on face. AFIR was registered against him under section 504 ad 323 IPC. Immediately after the incidence, he went back to USA. Now i Have filed a case against him in criminal court and he has been summoned. What are the possible consequences of this summon? What if he doesnt come to Indai for the case? What can be done if he comes to India , attends one hearing and rushes back to USA. He has applied for a green card in USA.

Rgrds,

eagerly waiting for your expert opinions.

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5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 10 June 2015

First of all just apply for fresh summons to be sent to the accused person through the Indian Embassy at USA. Make an application under the provisions of Section 62 of the Code of Criminal Procedure 1973.Your brother in law can avail exemption from personal appearance and can conduct the case through his lawyer. He is not required to be present in Court. For petty matter like yours, extradition proceedings can not be initiated.