Ketan (Finance Consultant) 07 May 2016

Shift a criminal case to delhi high court

Hi,

I had a case in Bangalore in 2014 for a small fight for parking, and was put up charges under IPC 341, 323, 504. I filed counter complaint by sending multiple mails and reminder mails to Commissioner of police because Indiranagar police refused to take my complaint. The police says that it has send me a letter that my case is closed, but I never received it. I payed money to Inspector and he agreed to close the case after some time. For 2 years there was no communication from them.

Now, police has given a summon to my friend, who gave the guarantee in my bail. I still have not received any summon. Neither do police has any address or contact number of my where abouts, because I left bangalore a long time ago.

Is there a way that I can say that the agreement was done and I was told that the case was closed and now some corruption has been done in the lower system and there is bias of police towards locallites, so I need the case to be directly opened up in High court of Delhi ?

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7 Replies

Sudhir Kumar, Advocate (Advocate) 08 May 2016

Supreme Court has powers to transfer the case to Delhi. If you have bagful of currency and spre time and adequate justification (not just that now you ar ein Delhi) the you can move ahead.

Sudhir Kumar, Advocate (Advocate) 08 May 2016

When police is unable to trace you on the address stated inbail bond they have no option but to contact the guatantor.

All that he has to do is todeposit bail amount and you are in.

Better go to Bangalore.

Sudhir Kumar, Advocate (Advocate) 08 May 2016

what exactly are the allgation.

G.L.N. Prasad (Retired employee.) 08 May 2016

Thank of your friend who offered the bail believing you, and also do not estimate the power of police to trace you with digitilization of each record. Visit personally and settle the issue without harping with doubts and fears and contact a competent Advocate, who is having good liaision with that police station.

Ketan (Finance Consultant) 08 May 2016

The allegations are that I started the fight because of parking issue, abused a man using hindi slangs and hit him repeatedly, where there is no serious injury reported in the complaint. He also mentioned that I pushed her wife leading to her clothes being torn.

I have a counter complaint on mails to commissioner and MLC for my injuries as well. But I am not interetested in dragging it and ready to compromise.

The problem is that I cannot go to Bangalore untill June and the summon is for May.

So, since I have not received the summon formally, Is it Ok for me to ignore it for now and wait for the next summon or is it absolutely required for me to apply for an exemption from personal appearance. Can court issue a NBW, if the summon has not been received by the party ?

Sudhir Kumar, Advocate (Advocate) 08 May 2016

the developments shown by you are indicating that the case is being progressed

341, 323, 504

all these sections are compoundable.

You have two options:-

(i) go to Banagalore once, apoogise to the complainant, beg for his mercy and plead for closure of the case.

(ii) keep going to Bangalore on each date (it can be once in three months or thrice in one month) by taking leave, spending money on travel andstay and advocates. If you omit to be present at 10.00 am on any date then face bail cancellation.

Siddharth Dev (Advocate) 13 May 2016

sir

i would like to mention courts are not bound to transfer any case arbitrarily untill and unless some prejudice had been caused due to process of law. so i suggest not to think otherwise and pacify the matter with complainant