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pRABHJOT (ENGINEER)     31 October 2013

Criminal 419, 420

Hi Everyone,

I need your Kind Advice.

I am living overseas. 7 Years back, Someone got my Duplicate Matric Certificate from State Board &  Got Passport from Office.
I didn't aware of that. It came to my picture. When i applied Police Clearance in Passport office. I got delayed by 8 months.
Police Investigared the whole matter and found guility in Other Party. I moved to Overseas.
Now the matter is in Court. The case is between State Vs Other Party. They Sent a summons on my name to attend court.
But I cannot go to INDIA due to some Family obligations.

Judge is not listening this and he needs my Original certificate to submit in Court. My father showed him cerrtificate but didnt give him

. I need your advice on

1. What will happen if I do not attend any Hearing.

2. What will Happen if My Father attend the court but will not submit Originals documents?.

3. Is there any way to Transfer my Case to nearest Place?

Thanks In Advance



 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 October 2013

No transfer the case at your place abroad. You can appoint a legal representative  on your behalf. A lawyer will help you. Original certificate has to subit in the court as courts order to be followed. You father is not entertain. 

Daksh (Student)     31 October 2013

Dear Prabhjyot,

It is clear that you are not the accused/culprit and your role is merely of a witness who is supposed to depose for and against in the matter.  If you do not join the case the case is likely to be heard in your absesnce.

thanks and best regards


pRABHJOT (ENGINEER)     01 November 2013

Ramachary & Daksh,


Thanks for prompt advices.

your advices do not match with each other. 

I clear more about case.

The Case is around 40 KM in Court from My Father's Place. I want to transfer from that Court to nearest to my father.

1. Please advice under which Law I am eligible to transfer ?

2. Please advice under which law, I declined to submit my originals Documents to Court.( I can present them when required but cannot submit). Can I appeal this to Higher session if Required).

3. How I can get time from court to attend? I need around 4 months. I can vistit in INDIA in March

3. what will be the consequence to me?. If my Father or me do not attend Court?



T. Kalaiselvan, Advocate (Advocate)     01 November 2013

About submitting the original certificate to the court, you can also submit the photocopy of the certificate while simultaneously you compare the same with the original through the head clerk of the concerned court.  If your father is not your legal representative, what prompts him to appear before the court on your behalf?  The court will not accept the agent of the accused to make appearance on behalf of the accused, if he is appearing as a witness how can he depose the matter which only you know and not he?, if he is appearing on behalf of the complainant, he has to be authorised through a power of attorney deed to represent the complainant before the court.  Thus what is it exactly that you wanted to clarify?

Nadeem Qureshi (Advocate/     02 November 2013

Dear Querist

file an application through your advocate or through your father that you are unable to came india due to the work or any other reason and seek 4  month time the court have power to grant the same.

secondly if court pass an order to submit original documents then you can file a revision petition before appellate court against that order within 90 days of said order.

Sudhir Kumar, Advocate (Advocate)     02 November 2013

1. What will happen if I do not attend any Hearing.


Ans : You will be declared proclaimed offnder us/ 82/83 of Cr PC and your property in Indian can be attached.

2. What will Happen if My Father attend the court but will not submit Originals documents?.


Ans : It is as good as not defending

3. Is there any way to Transfer my Case to nearest Place?


Ans : Where you want the matter to transfer. Outside India - NO


within same High Court jurisdiction - power vested in high court

from one  high court jurisdiction to another -power vested in Supreme Court.

Sudhir Kumar, Advocate (Advocate)     02 November 2013

Further the story given by you is hard to believe.

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