One accused desire to separate his case file to another- not appearing since long=in which sec

Guest (Querist) 02 May 2012 This query is : Resolved
One Accused desire to separate his case file to another who has not been appearing since long, In which Section of Cr.PC its mention.
Only ask Section of Cr.PC

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ashutosh mishra (Expert) 02 May 2012
Under section 299 which reads as ". Record of evidence in absence of accused.

(1) If it is proved that an accused person has absconded and that there is no immediate prospect of arresting him, the court competent to try 1[or commit for trial] such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense inconvenience which, under the circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if' the deponent is dead or incapable of giving evidence or beyond the limits of India.

1. Ins. by Act 45 of 1978, Sec. 23 (18-12-1978).

STATE AMENDMENT

UTTAR PRADESH

In section 299 in Sub-section (1) for the words "competent to try such person" the words" competent to try such person or to commit him for trial" shall he substituted.

[Vide U.P. Act 6 of 1976, sec. 7 (w.e.f. 28-11-1975)]."

Delhi High Court
Manish Kumar Agarwal vs Central Bureau Of Investigation on 14 September, 2011
http://indiankanoon.org/doc/898775/

Supreme Court of India
Jayendra Vishnu Thakur vs State Of Maharashtra on 11 May, 2009
http://www.indiankanoon.org/doc/1232065/

PARTHA P BORBORA (Expert) 02 May 2012
but only the court has the power to declare an accursed as an proclaimed absoconder strictly following the procedure pescribed and after recording the evidence of the I O. only after that the court can declare the accused as proclaimed absconder and spilt up.