Vasant Kumar (Lawyer) 27 May 2011
What is the procedure if process u/s 82 & 83 of Cr. P.C. have been issued against the accused for the offence u/s 279 & 337 of I.P.C.? Will the A.C.M.M. take the accused in custody the moment accused appears before the
Court?
Should I move an application for the cancellation for the N.B.W's. or should i move bail application , if the A.C.M.M., takes the accused into custody?
Plz guide/help me ASAP.
tHANKS IN ADVANCE.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 27 May 2011
u will have to file an application to stop the proceedings of 82/83 cr.p.c. by giving genuine reason as to why the accused did not appear on the last date of hearing and produce the accused on the date of hearing of application. The court would surely stop that but it may impose cost/fine upon the accused.
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