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suryakanth Khandelwal (Sr ASM)     17 August 2016

Got a call from police station to attend court

Dear All

I had a quarrel between public transport driver and myself regarding stopping of bus .Which driver didn't stop and after certain heated argument. He filed a case U/s 353.

The incident happened on17th March 2016 till date I didn't received any court notice but unfortunately today I got a call from police station to attend the court on 19th Aug. I said to constable that I didn't received any kind of court notice .

Now please suggest should I go to court without any notice or should I wait for written court notice.

I am in confusion please help what should I do further.






 6 Replies

Vibha   17 August 2016

  1. You can tell police that it is not possible for you to make decision based on anybody's phone call, it could be a prank call. If proper notice is served you will cooperate with investigation and any court proceedings.

G.L.N. Prasad (Retired employee.)     17 August 2016

You can also file RTI Application to SPIO of that Transport organisation and seek entire documents on record in that case as per RTI Act.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 August 2016

I am sorry that none of the experts have given lega advice to you which is your urgent need. Police phone to appear in court on 19th means, police has prepared its challan which is to be put on that day along-with accused means you. Engage a lawyer and appear on that day and obtain your regular bail if not already taken. As the offence is bailable, you shall get it on the same day.

Vibha   17 August 2016

@Ramesh Mr. Makkad is a senior official and senior expert member on this forum. I request you to please address him with utmost respect.

Democratic Indian (n/a)     17 August 2016

As per author of this thread, he had "heated argument" with the driver. Argument is argument whether heated or non heated. Argument is not equal to assault or criminal force for Section 353 IPC. Looks like due process of law and the court is being abused. Agree with the view of Ramesh Singh that matters appears at the most related to 76 & 79 IPC. It is best to get the matter closed at the earliest on advice and guidance of any local advocate after sharing with him of detailed facts.

suryakanth Khandelwal (Sr ASM)     17 August 2016

Dear All, Thanks very giving reply. I will hire lawyer for further course of action.


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