Attendance for chargesheet 498a

At the time when police file chargesheet in the court your presence is not at all compulsary, when you will get summons on all of yours name issued by the court then all of yours presence is compulsary .

All of you, must be present before the case, when the same had been called, since it is criminal case, otherwise non bailable warrant will be issued. Otherwise inform your advocate to file exemption application before the court on heal the ground or etc, so that NBW will not be issued

srishaila,Advocate, 9741425514,sdharan120@gmail.com

thanks for your valuable inputs. As i understand, when chargesheet is filed the accussed need not be present in the court, but once court issues summons accused have to either take exemptions or be present. Request you to please confirm. Thanks once again

 

SUMMON is a direction of the court for physical appearance which you cannot ignore if you ignore that direction the Court may issue non-bailable warrent of arrest against you.

Is it mandatory for all accused to be present in court when chargesheet is presented in court?

 

Presence of accused or their attorneys (Your council having VOKALATNAMA signed by you and others) is mandatory when the magistrate will call their name during the chargesheet presentation to obtain the regular bail.

 

Is there any damage if the accused are not present?

 

Regular bail will not be ordered in case of absence of accused or their attorneys. 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

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