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Appear before court after reversal of judgement

(Querist) 02 September 2016 This query is : Resolved 
Hi,

Myself & my family were booked under charges 304B & 498A. with an interim petition my brother was discharged @ lower court stating no enough evidences by the prosecution. But the lower court judgement was appealed @ high court by the complainant & not by prosecution. The judgement @ high court is such that the discharge order @ lower court is not applicable & it is reversed. In the mean time, my brother flew to london on an onsite opportunity when he had no charges at that point of time. but now, since the judgement @ sessions court got reversed by the high court, should he appear before the sessions court? the trial is scheduled for next hearing. please let me know of any suggestion so that my brother need not appear as he is in such position & also the trial happens without any hassles
Raj Kumar Makkad (Expert) 02 September 2016
An application can be moved on behalf of your brother for this particular hearing that he is abroad and cannot attend the hearing fixed for that particular date and shall attend further hearings on his return back from foreign. Court generally accepts such exemption applications and proceed with the proceeding scheduled for that hearing.
jayesh kanna (Querist) 02 September 2016
Thanks a lot for your reply sir. the trial process i.e, cross examination of the main witness/complainant is scheduled for next hearing . hope the absence of my brother wont delay the process of trial?

Also can u please mention what is the exact application/petition to be filed for my brother's absence? 205?
Dr J C Vashista (Expert) 03 September 2016
On your application (on behalf of your brother) the trail court can allow cross-examination of prosecution witness through your brother's counsel.
Application u/s 205 Cr PC for permanent exemption, through his counsel, can be moved.
Ms.Usha Kapoor (Expert) 03 September 2016
Your brother's advocate may pray for absence. These sections permit your brother's lawful absence in court at its hearing if he is represented by Lawyer. absence OF YOUR BROTHER FROM COURT PROCEEDINGS on account of going abroad is dealt by Sec 215 Cr.P.,C read with 317 Cr.P.C. HOWEVER, THE JUDGE MAY AT ANY STAGE OF THE TRIAL OR SUIT OR OTHER PROCEEDING mayCALL YOUR BROTHER TO BE PERSONALLY PRESENT IN COURT TO BE TRIED SEPARATELY BUT NO permanent BLANKET EXEMPTION FROM PERSONAL APPEARANCE IS GIVEN AS opined BY Mr..VASHISTA.
Rajendra K Goyal (Expert) 03 September 2016
Move an application for permitting absence of your brother on the date through his lawyer.
Dr J C Vashista (Expert) 03 September 2016
I differ with the expert advise of Ms. Usha Kapoor. The Court can exempt the accused permanently from the personal appearance of the accused through his/her counsel.
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 September 2016
Getting exemption is minor issue since at the stage of cross and statement of accused he has to appear.

First of all you missed imp opportunity at HIgh court so order against you. It is worth to go to SC .

Meanwhile it is not essential for you to declare at lower court that he is abroad. Let the other side do it an serve court notice, it will take time and if he does not intend to return early at the most LOC will be issued which can be got cancelled later, till that time you can plan further actions.
cherukuri prasad (Expert) 04 September 2016
Nothing to worry about your brother. He need not appear as of now. There is a court procedure and prosecution shall take care about that. It is not your burden to discharge. Ask him to stay as long as possible abroad and do not give his address if not insisted by Court. Let him stay there at peace. Prosecution tries to get the address from you. Reject their request through an advocate.
Rajendra K Goyal (Expert) 08 September 2016
Agree with practical advice from expert DEFENSE ADVOCATE.
Ms.Usha Kapoor (Expert) 18 June 2018











































I sticktomy above view.


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