Appearance of accused during hearing of criminal revision petition
Tashi Norbu Basi
(Querist) 14 April 2012
This query is : Resolved
Dear Experts,
I was able to find a lot of material regarding personal appearance of accused during trial and his exemption being discretion of the Court.
My query is a bit different:- lets say charges are framed against accused and he files for revision of the same. So on the dates fixed for hearing this Criminal Revision Petition:-
Is it mandatory for the accused to be personally present in Court?
I realize that I could file an exemption petition and the same would most probably be allowed by the Court BUT my query is more in terms of WHY SHOULD I HAVE TO FILE FOR EXEMPTION WHEN THERE IS NO LAW MANDATING MY PERSONAL APPEARANCE IN COURT?
Thank you. (and i think it's important for me to say here that i have nothing against the Court or its Judges, mine is basically an academic question)
Shonee Kapoor
(Expert) 14 April 2012
No, it is not mandatory in revision unless asked by the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 15 April 2012
it is not mandatory to appear before the court in a revision until and unless court directs to appear.
G. ARAVINTHAN
(Expert) 16 April 2012
Unless an order of conviction against you, you need to appear on each and every hearing. But you can file an application before the Concerned Court to dispense with your personal appearance.
But in your case, since you have opted revision only against the charges framed, you have to appear in person as trial has been commenced.
venkatesh Rao
(Expert) 16 April 2012
It is not necessary to appear before the court in revision cases.
venkatesh Rao
(Expert) 19 April 2012
I think Aravithan and sainath are misconceived. Revisional court is a court looking into the legality of the impugned order and revisional petitioner has nothing to do to appear and say anything. If he is not assisted by an advocate he need to appear and argue his case.
