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Application u/s section 245 crpc

(Querist) 10 September 2014 This query is : Resolved 
Whether application U/s 245 CrPC can be made by the pleader without appearence of the Accused on the process issued U/s 204 CrPC ?
T. Kalaiselvan, Advocate (Expert) 15 September 2014
You may note that the provisions of cr.p.c. 245 will apply only upon taking all the evidence referred to in section 244, and the section 244 clearly states that when the accused appears or is brought before a magistrate. Therefore, without appearance of accused on the process of 204, it will not be possible to move an application u/s 245.


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