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Amar Mishra   13 February 2018

Charge frame in absence of an accused

In case, out of 05 accused persons 01 accused is very old and suffering from disease due to which he/she cannot be produced before the court. Is it possible to frame the charge in a case without his/her presence. If not then what would be the alternative?
Amar Mishra



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 5 Replies

Vijay Raj Mahajan (Advocate)     13 February 2018

For framing charges the accused has to be present in person in the court, however for medical grounds if a particular accused is unavailable to mark personal presence, the court will exempt her presence and fix another date for framing charges against the accused, application for exemption for personal appearance can be made on the fix date by the advocate of the accused. For rest of accused the court may proceed framing charges.

Vijay Raj Mahajan (Advocate)     13 February 2018

For framing charges the accused has to be present in person in the court, however for medical grounds if a particular accused is unavailable to mark personal presence, the court will exempt her presence and fix another date for framing charges against the accused, application for exemption for personal appearance can be made on the fix date by the advocate of the accused. For rest of accused the court may proceed framing charges.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     13 February 2018

court can not frame the charges against any accused without his/ her presence

Kumar Doab (FIN)     13 February 2018

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record…………….is to do the needful, for you.

Provide your counsel the medical reports…

Kumar Doab (FIN)     13 February 2018

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record…………….is to do the needful.

Provide your counsel the medical reports…


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