- This topic has 5 replies, 3 voices, and was last updated 1 month, 2 weeks ago by
.
-
Posts
-
-
UHi everyone, need some quick advice on a situation happening right now.
**The Situation:**
* Yesterday evening, my wife received a notice via our local police station on behalf of another investigating police station.
* It asks her to appear before the local Judicial Magistrate’s Court for recording her statement under Section 183 BNSS (old 164 CrPC) for an ongoing case.
* The appearance date/time is **today at 11:00 AM**. They gave us literally less than 24 hours’ notice.
* My wife is currently out of town and also unwell, so she physically cannot make it.**What I Have Done / Am Considering:**
1. **Emailed the Police:** I immediately sent an official email to the O/C and IO of the investigating police station (and CC’d our local PS), explaining that she is out of station, unwell, and that the notice was too short. I requested an adjournment and asked for at least 10 days’ prior notice for the next date. I attached the notice to the email.
2. **Consulted a Lawyer (Holding off for now):** I contacted a local lawyer who said he needs to file a “time petition” in court this morning and is asking for ₹2,500. I feel it is unfair to have to pay this much out of pocket for a fault of the police/court (giving <24 hrs notice). I am thinking about telling him *not* to file the petition and just relying on the email I sent to the police.**My Questions:**
1. **Is the email to the police legally sufficient?** Will the IO actually inform the Magistrate that my wife is out of town, or is there a communication gap between the PS and the Court?
2. **What is the worst-case scenario if I don’t have the lawyer file the time petition today?** If no one officially represents her in court this morning, can the Magistrate issue a Bailable Warrant (BW) or Non-Bailable Warrant (NBW) for this first-time absence?
3. **Should I just bite the bullet and pay the ₹2500?** Am I taking a huge unnecessary legal risk by trying to save this money and relying strictly on the email to the IO?Any advice from practicing lawyers would be highly appreciated. Thank you!
-
-
-
A3 years ago when I used to appear before the trial court, I used to charge atleast 45,000 for handling such cases from start to finish. For one single appearance, I’d charge atleast 15,000. Litigation is expensive, friend. That is why no one likes to get into it.
you’re better of if you just pay the 2500.
that being said, no warrant will be issued just yet even if you miss the first date. Agli date pe make some excuses and apologise. You’ll be scolded at most. Baaki it is up to you
-
-
-
-
-
