About to catch wanted accused

Adv M.D.Azhar (Querist) 27 April 2012 This query is : Resolved
dear sir we my senior defending a case of murder in which seven accused are involved and two of them wanted since the beginning of the case, the trial of the case was on F.S. and at the said stage to prosecution lawyer has given the application that 2 accused who are wanted should caught and than after the case should be tried forward yet the F.S. has been finished of all the accused now such application can be granted, what defence should be taken against that application? the prosection has the right to give the application at this stage?

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Adv.R.P.Chugh (Expert) 27 April 2012
Dear Colleague,

This is not how it works.....The Court can wait for some time - if there is a very real possibility of they being caught in near future....however if there is not and the others are suffering a protracted trial ...then trial can be continued in the absence of those absconding (S.299 CrPC) evidences can be taken and case decided with respect to those present....after the others are caught - the evidences recorded against the others can be used against them if the witnesses cannot be called back/or are dead or their presence cannot be secured.

MohammedRaffiq Bijapur (Expert) 27 April 2012
Assalam aliku Azhar Bhai,
Firstly please dont write short cut of the words because it becomes confussion to understand the word meaning.
As regards ur query I can only say u to file protest to the application and ask for split up charge sheet and proceed with the trial against the present accused.