offense u/s 229 A IPC
Justice_Delayed
(Querist) 03 April 2014
This query is : Resolved
Please suggest How to file complainant against accused persons who are released on bail and now not appearing before court , till now 6-8 times, with impunity though the complainant/ witness is appearing to depose her evidence?
What would be the befitting procedure to file complaint before same magistrate u/s 229 A of IPC (Punishment for failure by person released on bail or bond to appear in Court).
Should the magistrate entertain such complaint u/s 190 (1) of CrPC?
Does it have any impact of Sec 195 and 340 of CrPC?
Devajyoti Barman
(Expert) 03 April 2014
Accused persons enlarged on bail need not appear in court till submission of charge sheet unless specifically directed by court. Even if directed by court they can be represented by counsel in their absence.
The provisions you are talking about has no applicability.
T. Kalaiselvan, Advocate
(Expert) 05 April 2014
I agree with the opinion of expert Mr. Barman in this regard. It is the duty of magistrate to ensure their appearance before court if at all there is a necessary or their counsel can represent them during their absence under unavoidable circumstances.
