Is it necessary when the Accused in a Criminal case (Forgery) not attending the hearings inspite of summons,have to file Petition u/s. 317 Cr.PC through his Counsel every time for each hearing or only one such petition is enough till that petition is cancelled by the Magistrate?
If the Application under Section 317 of the Criminal Procedure Code is allowed by the committing magistrate, no further Application is necessary. The magistrate has the discretion to compel the attendance of the Accused whenever he feels after the Application is alowed.
Dear Mr. Reddy,
Thanks for your reply Sir. In this instant case, the Complainant is a Defacto Complainant & on filing Protest Petition, the Magistrate has taken cognezance & summoned the attedance of the Accused (who is already on AB) for 1st hearing & the Accused have attended that hearing. Afterwards for about 8 hearings Accused have not attended. It seems on 4th hearing the Counsel of Accused filed an Application u/s.317 Cr.PC which has been allowed by the Magistrate. But in the recent hearing the Accused have not attended & the Magistrate dismissed the 317 Application filed & also ordered to issue NBW against the Accused. In this connection, kindly let me know whether the AB will be cancelled as NBW is being issued now?