Accused not appeared after serving of bw in nia

Social Worker

Accused Not appeared after serving of BW in NIA

1.The accused after serving of BW did not appear, instead his lawyer gave an undertaking to the Court and the Court accepted it and allowed the accused to remain at bay! On the next date also this is repeated!

2.After dodging for some dates the accused appears on 4th date and obtains the bail but the PO does not record his plea as required in Section 251 and fixes another date!

Discussion 1 : What the PO did is by any logic an acceptable procedure in a Criminal Trial?  Which law permits it? Does it not amount to accommodating the accused?

3.Then for the next 30 dates the accused keeps on dodging the court by filing frivolous applications and the plea could be recorded only after a considerable lapse of time of 2 years after service of BW!


Discussion 2 : What is the remedy available with the complainant whose trial is delayed because of the lethargy shown by the PO (Trial Magistrate) (The complainant has a strong feeling that the trial magistrate was influenced to accommodate the accused) Can the complainant cause and enquiry to be conducted in the conduct of the Trial Magistrate? If yes how?

Discussion 3 : Now to make up for the lost time due to the conduct of the accused, can the complainant pray for a fast trial to the trial magistrate? Can an application be filed with the DJ for ordering the Trial Magistarte to conduct a day to day hearing on the matter?


advocate at lucknow

You can File Application U/s 482 Cr.P.C. Before Hon'ble High Court. 



you need to file petition in High court under section 482 r/w 407 crpc. for transferring the case, based on your contentions.




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