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Binod Kumar Mishra (Government Service)     24 May 2009

urgent advice on attending court

Dear friends,

i want to know that if supreme court has stayed arrest of warrant on a person of a case under section 498A and section 3 and 4 of DP Act, then  can the accused person attend the court proceedings or not till the final disposal of the case by apex court.



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 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     24 May 2009

if proceedings has not been stayed he should attend the court.

Kiran Kumar (Lawyer)     24 May 2009

if the arrest has been stayed then the accused must attend to the court proceedings, how can an accused skip the court proceedings....grant of bail does not mean that the accused will not face the trial.

unless and untill there are some specific orders by the court the presence during criminal trial is must.

Swami Sadashiva Brahmendra Sar (Nil)     24 May 2009

mr Kiran kumar has rightly supplemented the answer.

Binod Kumar Mishra (Government Service)     24 May 2009

dear members,

my question is not regarding escaping the trial but for the purpose of knowing the legal aspects. that persons wants to participate in the trial so that he coule show to the court about the false allegation made by the in-laws family of the accused.

 

it means that there is no problem in attending the court for the accused. he is required to put his attendance day to day basis. and i think that will also paved a way for him to get the anticipatory bail from the apex court.

V.S.R.Deekshitulu (B.Sc, B.L)     24 May 2009

Mr Kiran Kumar is right in his advise. The accused has to attend the court and defend himself  The advocate defending him shall not advise him to abstain from attending the court and if so  advised it  will be giving a premium for his fraud on the proceedings of court. ONE must understand the courts in india are the only place where justice will be delivered to people.

 

Swami Sadashiva Brahmendra Sar (Nil)     24 May 2009

Ditto


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