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Harminder singh (MANAGER)     06 October 2020

Section 82 notice being issued

Hi ,

There have been an issuance of Section 82 notice(attached) against my maid. the issue was she ,10 -11 ,years back took another girl known to her , to Delhi, for work .The girl's parents complained to police back then and the charges framed were (363,371,370(4), 374 and 34)  and also mentioned our Maid's name. Later the girl came back , after some years .So case was either closed or kept aside. Now My maid's family had a dispute with this girl's some relative over a land , to they reopened the original case of kidnapping and Compulsory labor (363,371,370(4), 374 and 34) and since the main culprit ( who took the girl to Delhi) is absconding ,so they are framing our maid.

I want to know if she didn't appear in court, what would be the consequences and also, What exactly can be done to prevent her from going there and satisfy the court? Please advise

Thanks and Regards,

Harminder



Learning

 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 October 2020

1. IF court has issued Summons, THEN there is no option for Maid but to appear before court ELSE court would be compelled to issue Arrest Warrant.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Harminder singh (MANAGER)     06 October 2020

Thanks a lot Sir, I have attached the summon, Please can you have a look and advise if anything else is possible.

Adv Vinay Mathur + 8447131770 (Advocate)     06 October 2020

She needs to be present in court on due date with advocate otherwise arrest warrant will be issued

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     07 October 2020

What is the role of your maid in the mentioned case.

Section 82 is - Proclamation for person absconding.

This is not a summon. sec 82 comes after issuance of summons when the accused is not traceable. At this moment  the accused is found to police then the police can arrest the accused and send him to jail till the case gets completed.

And there is same danger if the accused goes to court directly.

Better contact a local advocate he will guide you how to deal with the present scenario.

*** Be extra careful if the accused is found he will be arrested and sent to jail at this moment.****

 

 

Harminder singh (MANAGER)     11 October 2020

Here is the whole narration sir:

3 girls (Shanti, Shushila and Parvati) came to Delhi in 2008 to find some work as a domestic help, Mean- while in 2018 Shanti and Shushila’s parents had a fight regarding some land issue. Shushila’s Dad filed a complaint in March 2018 to police that Shanti and Parvati have abducted their daughter in 2008 and their daughter haven’t came back till now. The Police framed 4 people Shanti, Parvati and 2 others from the agency where they went to find work, in a Criminal offence under section 363,370(4),371,374 and u/s 34. The F.I.R was reported in 2018 itself, but the mistake Police did is that Shanti’s name was written as Sunita in F.I.R. Than the girl (victim: Shushila) came to town and had recorded the statement u/s 164 of C.r.p.c and took the name of Shanti and Parvati and 2 others also in it. On this basis court issued an NBW to shanti’s Family (though police never gave the NBW to the family).The police came to inform the family only after a Summon U/S 82 was issued in this respect and have threatened the family if Shanti didn’t came home they will break their house.(She’s still working in Delhi).The police haven’t filed Charge-sheet in this respect.

The issue is We want to get bail done for Shanti, but we don’t know what exactly should the court will order, will they grant it or they will refuse and order arresting of Shanti if she went there. And also, if we need to file an anticipatory bail plea in this respect or do, we need to file surrender-cum-bail? And do the summon u/s 82 can be quashed in high court, if yes, how much percentage are the chances of same?

 


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