Gabe Menezes <[email protected]> wrote: Court orders arrest warrant against Goa priest India Blooms News Service
Panaji, June 14 (IBNS): A local Court on Tuesday directed the Goa Crime Branch to issue fresh warrant of arrest returnable against a former Parish Priest into a criminal case he filed in 2004 against a lawyer and 14 locals. The Judicial Magistrate First Class, Panjim has also directed Crime Branch Police Inspector to be present in Court. The Crime Branch on Tuesday returned the warrant issued last week unexecuted stating that they require four months to execute the warrant against Fr Newton Rodrigues. (...) During the cross examination on Tuesday, a government employee conceded that the Father molested the minor. COMMENT: I have come to believe that Gabe is a man who does not normally talk fool. Accordingly, I will only express my surprise at the last sentence in his post (and in the quote above). I assume that this was the case which Fr Newton had filed a case against Aires Rodrigues and some others for trespass and assault. This, as far as I know is NOT a case about anything else but the one Fr. Newton filed. I also believe that India is a Common Law country like the US, UK, Australia etc. As far as I know, there are no (at least NOT many) Kangaroos in India. Not being too familiar with court procedures in India, I asked the following question: http://www.lawyersclubindia.com/forum/How-should-a-court-deal-with-this-issue-38761.asp How should a court deal with this issue ? Dear learned gentlemen and gentle ladies, Scenario: 1: party A files a case against party B for Trespass and Assault. 2: a number of years (say 4) pass before the case comes up for hearing. 3: party A (the alleged victim) has since migrated and is unable to be present at the hearing; and is not represented . The QUESTION: Should the court (a) Summarily dismiss the Trespass and Assault charge against the alleged perpetrator (b) Issue a summons for the alleged victim to be present (c) failing which - order the arrest of the alleged victim for not showing up in court? This is the ANSWER I received: If the charge has been framed and complainant is neither reperesented by his legal representative nor by his lawyer court must dismiss the complaint and acquit the accused. under Sec 256 Cr.P.C. jc
