Ravi (Consultant) 26 December 2016

Accuser presence is at the time of quash

One of My Friend has IPC 498A in local court, and now he has Stay from HC and its almost 2 years; when he asked his Lawyer go for quash. Lawyer says his presence is required. but as per 313 CrPc accused presence is not required, as my friend is Abroad. which is TRUE ? what lawyer says OR CrPc 313 ?

or can this case quashed without his presence ?

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3 Replies

Sachin (N.A) 26 December 2016

Presence of appellant/petitioner is not mandatory unless ordered by the HC.

advocate praveen (prop.) 27 December 2016

Mr. Ravi, you are asking about 313(1)(b) but the same is summon case. In your case you are asking for quashing, in which the presence of the accused is neccessary as the same is related with the FIR. In that proceeding complainat will also present in the High Court.

regard

Ravi (Consultant) 27 December 2016

He already Appeal in HC and its 2 years, other party was not coming for dates in lower court and judge was not doing anything; so he appeal in HC for stay proceedings in lower court as well as quash. but now after almost 2 years lawyer says accused to be present in Court thats why i asked, there are judgments where having PO and LOC also case quashed. without presence of the accuser