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Sridhevi (education)     30 August 2024

Crminal case

we had filed cheating case in 2022 .accused father through gap filed thrid party affidavit and taken certified copies and went to quash but it got dismissed

THen after Accused never came to court till date and absconded to USA.LOC issued but police returned warrant staing accused in USA

Can we file affidavit to conduct trail under 355 of bnss or any other steps we need to file

 



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

If the accused is not traceable and a NBW is pending then the court will not proceed with the trial.

The court will follow the procedures of law.

Dr. J C Vashista (Advocate )     31 August 2024

What is the opinion and advise of your lawyer proceeding in the case, follow it since s/he is well aware about facts and circumstances of the case besides the fact that s/he is an able, competent and intelligent enough to satisfy your queries ??? 

Sridhevi (education)     01 September 2024

Sir can we ask court to Issue a proclamation under Section 82 of the CrPC against the accused and trial in absentia of the Accused 

Dr. J C Vashista (Advocate )     01 September 2024

Cheating case stated to have been filed in 2022 shall proceed under the provisions of Section 420 of Indian Penal Code, 1860, isn't it ?

Provisions of 355 of BNSS is to proceed in absentia of the accused, which reads as:

355 – Provision for inquiries and trial being held in absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.


BNSS Sec 228 – Magistrate may dispense with personal attendance of accused.

 

Accordingly both the provisions are inter-linked, depending upon circumstances of the case.

For declaration of the accused as proclaimed offender under Section 82 CrPC the Court has to satify its ingredients.  

Sridhevi (education)     01 September 2024

so can I file petition under SECTION 82 CrPC, 317 CRPC,299 of CrPC.

since accuseds gpa holder  got certified copied,went to quash and henafter accused  obsconding and NBW returned stating that accused is residing in USA  

T. Kalaiselvan, Advocate (Advocate)     01 September 2024

You can discuss with your advocate and proceed as per the proper legal advise given to you, if you are really serious about the remedy you are looking for.

Dr. J C Vashista (Advocate )     02 September 2024

If the court is satisfied with absence of accused it may dispense his / her personal appearance.

However, recording of evidence can be done in the presence of lawyer of the accused, if there is no objection qua identity of complainant.

Both the topics u/s 317 & 299 CrPC are prima faice  academic in nature, however, what is your locus standi / concern? 


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