sec 317

A.P.Rajagopal (Querist) 19 January 2011 This query is : Resolved
sir

In a criminal case which is pending before cjm among 3 accused, 2 accused never turns up to the court and everytime they file 317 petition and they are very well present in the city with full health condition and we want them to present for every hearing. we are advocates for defacto complainant. how to proceed to make their presence compulsory

may pls be guided

tks n rgs

apr

Follow Query

Report Abuse

Devajyoti Barman (Expert) 19 January 2011
You could pray the court directing them to be present. Every time they could not be absent.

SANJAY GUPTA (Expert) 19 January 2011
under section 317 cr.p.c magistrate has power to allow his lawyer to represent the accused person and also at the time of evidence if the accused persons lawyer did not challenge the identity of the accused person, the evidence can be taken on the representation by the lawyer and you can only pray but cant force accused to be present before the court without the direction of the court.