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  • Category: Indian Law

    What would be next procedure in court when dates are given and the case comes for hearing ?


    Interested to know about the case hearing in the judicial system? Check this page to know about this from our experts.

    Normally when a person comes on bail, it does not mean that he is fully free. Every time he has to attend the courts when the dates are given. In the initial stages the dates are given stretching to even 8 to 9 months and as the days goes by the hearing dates are given every 14 days. Now my question is what would be the next procedure by the court. The accused no. 1 and 3 are at large and not even traceable and no 2 and 4 are regularly attending the court every date they have been called for. One of my friend wants this information.
  • #148871
    Once the case comes for hearing, the lawyers belonging to both the sides will be presenting their cases. They will produce the required witnesses and question the accused and the defence persons. They will cross-examine the witnesses. The arguments will go on for some time and finally when both the sides finish their arguments, the judge will examine all the facts and give the verdict. If the people are continuously not attending the court, they will send summons and if they are not responding arrest warrants against them will be issued and non-bailable arrest warrants will be issued and police will arrest them and produce them before the case. The accused can authorise lawyer to attend the case on his behalf. All these activities will depend on the seriousness of the crime and type of the crime. As far as I know, this is the procedure followed y court.
    drrao
    always confident

  • #148872
    Attending the Court proceedings regularly will not have any positive or negative impact on the judgement of the case. As per the conditions specified in the bail bond, it is a must for the person who has got the bail. But on the other hand, the persons who are not attending the Court proceedings, will have another charge against them, i.e., jumping the bail.
    Beware! I question everything and everybody.

  • #148873
    Obey the law and the order of the court. Absence would create problems to the individual. An individual may go behind the bars if ignored or disrespected the order of the judges. Don't jump the bail if you want to be away from the jail.
    No life without Sun

  • #148874
    Now that the main accused were at large and the police could not trace, will the court close the case for non compliance by the police ?
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #148875
    Members, please note that this query is being shifted to the Ask Expert section.
    'It is the mark of an educated mind to be able to entertain a thought without accepting it'. - Aristotle.

  • #148876
    No. The case will be open only. The court will be asking the Police to expedite the process of tracing the man and produce him in the court. The nature of the claim also plays an important role on this. The people who left for other countries also will be summoned and action will be taken to bring the culprit from the other country the police may take the help of the other country's police also. It is not so easy to disappear in such a way that no police van trace him.
    drrao
    always confident

  • #148878
    According to your query I think its a criminal case and points to superior court processing.
    I would mention brief court proceeding, usually case outlines which follows each party is represented by attorney. These type of case happens especially in limited jurisicdiction courts. Anybody can represent themselves in court without any attorney till they follow court rules. They are commonly called as pro per, pro se or self represented litigants.
    Normal court proceedings in criminal case.
    1) Limited jurisdiction courts that process criminal cases.
    2) Initial Appearance: This will be the defendants first appearance in the court and the defendant will be advised to the charges. The judge will appoint an attorney if the defendant cannot afford one.
    3) Arraignment: Here the defendant appear's in court to enter a plea of guilty or not guilty. limited jurisdiction courts combine both 2 and 3.
    4) Trail: If the defendant is not guilty a trail is held. The judge or at the defendant's request, a jury can hear the evidence on the charges and find the defendant guilty or not guilty.
    5) Sentencing: If the defendant i s found guilty the court imposes appropriate punishment.
    6) Appeals: Appeals from decision, where limited Jurisdiction courts go to superior court. appeal can be heard as new trial or the superior court judge may review records of trial proceedings, if the records are maintained. Decisions that are made in small court cannot be appealed.
    Now in Superior court decisions, as everybody is aware of here two major types of court cases are criminal and civil.
    Criminal case involves the commission of acts that are prohibited by law and are punishable by probation, fines, imprisonment—or even death. The attorney representing the state, county or municipal government that formally accuses a person of committing a crime is the prosecutor. The person charged with the crime is the defendant. The judge not only ensures that the rights of defendant are respected, but also the Constitutional provision and the statutorily required rights afforded to victims of crime.
    Civil cases typically involve legal disagreements between individuals, business, corporations, or partnerships, dispute related to any personal injuries.
    Trail in both cases are commonly conducted the same way. After the judge explaining the details of the case with evidence presented to the related case to a jury, Jurors decide the facts in the case and render a verdict. If there is no jury the judge makes the decision in the case.
    What if the victim does not attend the court hearing?
    victim of a crime or witness to one, will receive a subpoena(summons) telling , when victim has to come to court, and who is calling to court. The Crown prosecutor or defense lawyer will probably talk to victim to find out what the victim knows about the case before they decide to as a witness. At this stage they do not have to answer their questions unless they want to; but if either lawyer subpoenas the person as a witness, he/she must go to court. Suppose if the victim is unable to attend then a letter should be given to the judge regarding the subject for not attending. If there is no intimation fro the victim and not appearing to court hearing then it will called as condemn of court where he has to face lot of legal proceedings which might not be positive.

  • #148880
    Court cases linger on for a long time due to the plea given by the dependents as well as new witnesses or evidence brought by police or the ivestigsting agency or the appealent whoever has lodged the case in the court.

    The court will give full opportunity and time to either party who claims to bring evidences which have a bearing on the case. The judges will give their verdict only after that.

    The basic premises of law rests on the principle that innocent should not be punished no matter whatever delay takes place. After hearing both the parties fully and satisfactorily the court will give the judgement.

    Unfortunately many people are taking advantage of this attitude of court and delaying the cases on one pretext or another just to postpone the expected unfavorable order by court. Judges are fully aware of it and they also can not help on this account.

    In the court case you have narrated if police can not produce the absconding persons within some time limit as granted by the court then the judges will pass the orders based on data and evidences available so far. With that order the guilty persons who are under police custody will be penalised and others will be released and for those who are absconding, the case will reopen at the opportune time when police traces them and presents in the court.

    These complications li ger the court cases to years and years and as well said 'justice delayed is justice denied' this eventually goes in favour of the culprits.

    Knowledge is power.

  • #148881
    The normal process is to represent the case before the judge with all the evidences and the facts related to the case. This would require a lawyer who would represent the case on behalf of either of the parties - the defendants and the accused. Prior to hearing, a date is fixed by the court where the presence of both the parties would be required along with the lawyers for the proceedings of hearings.
    However, it may not be possible for the court to deliver the judgement on the specified date resulting in extension of the dates and such extensions can take place innumerable time thus delaying the justice to the benificiaary. However, it is mandatory for the parties or the law years on their behalf to remain present. Thus the entire proceedings may take life time of the parties to get the right judgement.
    Our lawyers are aware of the loop holes of the judiciary systems but however, the other side of the coin is to derive hefty commission from the parties thus making their profession enjoyable.

  • #148882
    Attending the Court proceedings by one or some of the accused in a criminal case regularly will not have any positive or negative impact on the judgment of the case. As per the conditions specified in the bail bond, it is a must for the person who has got the bail.

    But on the other hand, the persons who are not attending the Court proceedings, will have another charge against them, i.e., jumping the bail. Please remember that jumping bail is another criminal offense which may have serious repercussions on the outcome of the original case.

    Beware! I question everything and everybody.

  • #148988
    If it is a police case,then the government(Police) is the complainant. They will be represented by the public prosecutor or his authorised assistants. Mostly they will have a lot of cases and so they ask for postponing or changing date. Either side can ask for change of dates for valid and justifiable reason. The court may or may not allow also.

    However the accused on bail has to comply with the bail conditions and has to be presented at the court on the given date if summoned and/or as per bail conditions.

    Usually such cases drag for long and if the crime is not very serious,the accused status and background is crime free , etc, the court may be lenient and grant bail with minimum conditions depending on the case. It is anyway better to engage a lawyer for the accused , if not already done.


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