From what I have seen, the Indian courts would like NRI respondents of 498A cases to submit to their jurisdiction. This is a classic example.
- “The position in this way is that the Criminal Misc. Application no. 4811 of 2004 is liable to be dismissed and it is accordingly dismissed. So far as the Criminal Misc. Application No. 8479 of 2005 is concerned , it is hereby ordered that the applicant Karrar Hussain should appear before the court concerned and after putting in appearance and grant of bail he may apply for permission to go abroad and for return of Visa and Passport if they have already been deposited. An undertaking shall be given by the accused applicant Karrar Hussain that he shall appear before the court whenever required to do so and during remaining period his personal appearance may be exempted through counsel, and if such an application is filed by Karrar Hussain, suitable order shall be passed on that application by the Magistrate concerned. This application under section 482 Cr.P.C. ( Crl. Misc. Application no. 8479/05) is disposed of finally with the above observations.Dated 25.9.07”
The problem is that the lower court magistrates, PPs and the cops are in cahoots with each other and grab the passports of NRIs and hold them hostage. This is the reason that most NRIs don’t show up and submit to the jurisdiction of the courts in India.
Here is the judgment: