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Kiran Kumar (Employee)     23 June 2010

Court Appearance

Hi,

 

Needless to say how abusive and misused 498a is being used. We have been victims of 498a in july 2009, filed against 6 family members. 4 of them approached High Court under sec 482 and able to get stay of arrest and rest 2 members seurrendered and appearing court dates at lower court. Charge sheet is not filed even after 11 months of FIR (dont know why there wud be such delay).

 

The 2 members who are on regular bail, filed a peteition for exemption of appearance and are planning for second time (due to various reason). Do you see any trouble arising when you dont attend the court and your lawyet represents the case(remeber, chargesheet is not filed yet). In the worst of events, what would be the major issue for not attending the court dates and filing a petetion by a lawyer?

 

Kindly share your thoughts.

 

Thanks in Advance

 

-Kiran



Learning

 5 Replies

Ravikant Soni (LAWYER IN JAIPUR)     23 June 2010

You r on regular bail then you must appear in the court on date given. Failing in which leads to B/J.  

Ravikant Soni (LAWYER IN JAIPUR)     23 June 2010

you can ask your lawyer to file application under sec 317Cr.p.c. for exemption of attendance.

Kiran Kumar (Employee)     23 June 2010

Thanks Ravikant,

I think i was not clear in my question. currently my lawyer is filing application under sec 317 Cr.p.c for the past 2 times... my question is "will it be any sort of trouble for us when we continue to file these applications contineously?".

G. ARAVINTHAN (Legal Consultant / Solicitor)     23 June 2010

For absence of Accused, Court needs an application under Sec 317 of the Code of Criminal Procedure to  condone the absence of the accused on the date of hearing

Ravikant Soni (LAWYER IN JAIPUR)     24 June 2010

Dear Kirankumar,

It is on court's discretion that how much chances are to be given. But file an reasoned application for dispense with your attendance in court u/s 317Cr.P.C. and pray to the court that whenever court call, you ll appear.  

 

 

317. Provision for inquiries and trial being held in the absence of accused in certain cases.- 

(1) At any stage of an inquiry or trial under this code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry to trial, or order that the case of such accused be taken up or tried separately.

 

 


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