Criminal Complaint

N.J. MISHRA (Querist) 07 May 2011 This query is : Resolved
PLEASE MEMBER KINLDYGUIDE ME, A CRIMINAL CASE AGAINST THE COMPANY'S MANIGING DIRECTOR AND OTHER DIRECTOR HAS BEEN REGISTERED. MAY BE IN A COMING MONTH THE POLICE WILL FILE A CHARGESHEET. MY QUERY IS THAT WHETHER ALL THE DIRECTORS ARE REQUIRED IN PERSONAL TO BE PRESENT BEFORE THE MAGISTRATE ON ALL THE DATES, OR ALL THE ACCUSED CAN FILE A EXEMPTION APPLICATION TO BE EXEMPTED PERMANENTLY TILL FURTHER ORDERS, OR THE DIRECTORS CAN BE REPRESENTED BY POWER OF ATTORNEY IN THE COURT ON ALL THE DATES. FURTHER POLICE CAN INSERT ADDITONAL SECTIONS OF I.P.C. AT THE TIME OF FILING CHARGESHEET. PLEASE GUIDE ME IN SOLVING ABOVE MENTIONED QUERIES. THANKING YOU

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DEFENSE ADVOCATE.-firmaction@g (Expert) 07 May 2011
On first date all have to appear thereafter they can ask for exemption.

M/s. Y-not legal services (Expert) 07 May 2011
Yes.. The first hearing you all accusedr have to appear.. Further you can get order for dispense with your personal appearance before court of law.. But don't think court will allow your dispense with that much easyly.. And also you can give power of attorney for proceed your case on behalf of you..

Adv. Vikas Surve (Expert) 07 May 2011
On first date all the directors have to appear before the court, if any directors having any difficulty then they can seek exemption for the day and on next day you can move an application for permanent exemption of all the directors.

PARTHA P BORBORA (Expert) 07 May 2011
pl file a petition under Section 205 Cr.P.C to dispense with your personal attendence, but you must file it in the Summons stage. So, file it in the first hearing.

Guest (Expert) 08 May 2011
Depends upon the nature of the summons issued by the magistrate. If he issues summons for personal appearance, the directors will have to appear personally, otherwise through their attorney.

Advocate. Arunagiri (Expert) 08 May 2011
Police can add any sections in the charge sheet.

The directors can file d/w petition, but the court is having the discretion to allow that petition.

Arun Kumar Bhagat (Expert) 14 May 2011
205 & 317 Cr. P.c can be invoked for getting exemption from personal appearance.

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