Regarding issuance of process for the second time
jai shankar keshri
(Querist) 09 October 2013
This query is : Resolved
if an accused is declared an absconder during investigation and entire process in order to secure his attendance has already been passed by the order of Chief Judicial Magistrate and thereafter the police submits chargesheet and the case record is transferred to another magistrate for trial and disposal. Now the magistrate in charge once again issues the process for the second time against the same accused. Is that legally correct ? Please help with related citations
Yamalapalli Haribob
(Expert) 09 October 2013
If the charge sheet is reflecting that the accused is absconded,then there is no need to issue summons to accused.The court straight away shall issue NBW to accused.For citations please browse INDIAN KANOON site
Raj Kumar Makkad
(Expert) 09 October 2013
The course of action adopted by the trial court is erroneous and it can be got challenged by way of a revision under section 397(1) of criminal procedure code.
jai shankar keshri
(Querist) 09 October 2013
Sir, i had filed a revision petition U/s 397 crpc but the same was also rejected on the pretext that the order passed by the court below is an interlocutry order
Raj Kumar Makkad
(Expert) 10 October 2013
If revision has been dismissed then file an appeal under section 372 criminal procedure code.
