Splitting of the criminal case
Querist :
Anonymous
(Querist) 07 October 2011
This query is : Resolved
what is the provision for splitting of the criminal case when one of the accused is absoconding and due to which case is pending for longtime for trial. is there any specific provision / section to file petition to split the case.
Shonee Kapoor
(Expert) 07 October 2011
I don't think there is a specific provision for the same in CrPC where accused can ask for it as a matter of right
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 07 October 2011
Of course there is provisions for splitting of case in Cr.P.C. Sec.317(2)is there.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 October 2011
CRPC 317 is not exactly applicable since you have to read with part one.
However you can pray for declaration of absent accused as absconder and persue the case for remaining ones.
Sailesh Kumar Shah
(Expert) 07 October 2011
Rightly says of Shri JSDN.
Extract of section 317:-
"absence of accused in certain cases.(1) At any stage of an inquiry or
trial under this Code, if the Judge or Magistrate is satisfied, for
reasons to be recorded, that the personal attendance of the accused
before the Court is not necessary in the interests of justice, or that
the accused persistently disturbs the proceedings in Court, the Judge
or Magistrate may, if the accused is represented by a pleader,
dispense with his attendance and proceed with such inquiry or trial in
his absence, and may, at any subsequent stage of the proceedings,
direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a
pleader, or if the Judge or Magistrate considers his personal
attendance necessary, he may, if he thinks fit and for reasons to be
recorded by him, either adjourn such inquiry or trial, or order that
the case of such accused be taken up or tried separately."
kuldeep kumar
(Expert) 07 October 2011
It has been found that in many cases the accused absent only with an intention to delay the trial especially when they know that there is strong case and in all probability they are likely to be convicted. The net result of the misuse of this Section is delay in trial and piling up of cases.
The solution to this problem is to provide for recording of evidence of witnesses in the absence of such accused or defence counsel and to treat it as evidence.
ESTHERPRIYA
(Expert) 07 October 2011
It is available well in cr.p.c.
