Trial of defamation complaint in absence of one accused

Manoj Pamul (Querist) 17 December 2013 This query is : Resolved
Dear experts, I've filed the private complaint and accordingly the court issued process against four accused. As per the summons three of the accused appeared and two of them sought exemption till all accused appear in the court. The accused no 4 remained absent till date and the court issued NBW but since many days the said warrant cannot get executed because of one or other reason. Now my client wants to proceed the case against the three accused who have appeared. Therefore I request to please advise me whether can I proceed against three accused, if yes under which provision of Croc?

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Devajyoti Barman (Expert) 17 December 2013
Yes, the court after declaring the absent accused person as proclaimed offender can proceed against other persons.

Rajendra K Goyal (Expert) 18 December 2013
Suitably advised by the expert Devajyoti Barman ji.

T. Kalaiselvan, Advocate (Expert) 18 December 2013
There is a provision to split the case restricting it to three accused alone by declaring the the fourth one as proclaimed offender and proceed with the trial.