Limits for seeking exemption for appearance
salman merchant
(Querist) 05 June 2014
This query is : Resolved
respected,
how many number of times & upon what pretext/reason can a accused seek exemption for appearance through his advocate.
what would be the implications upon the trial ; if it is found that the reason mentioned were false ?
if is presumed, that accused has left the country long ago, and had informed the complainant; and nor the Pub.Pros nor the complainant has ever opposed, what effect does it have upon the integrity of the complainant ?
NOW, the other co-accused are opposing this , WHAT NEXT ?
V R SHROFF
(Expert) 05 June 2014
carry on proceeding, dropping that accused,/ separate proceedings for that accused.
Rajendra K Goyal
(Expert) 05 June 2014
Proceeding can be continued against other accused pending against that fellow.
Nadeem Qureshi
(Expert) 05 June 2014
there is no specific time limit to file exemption application by an accused, its depend on the circumstances, if court think that the application is not maintainable then the court may reject the application and issue BW/NBW against the accused.
its depend on the court and not the complainant if complainant is not ready to oppose then court may pass an order as per discretion.
the other co-accused may file an application for separation of file from the accused.
feel free to call
Raj Kumar Makkad
(Expert) 08 June 2014
If a Court has been bluffed by way of false applications, such applicant shall have to suffer not only prejury proceeding but also contempt of Court and the suffers can move such application at any time after coming to know about such facts.
