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Abhijit ppp (no)     15 September 2014

Accused not coming in court

In a criminal case against 5 accused. Only 2 accused present. Court issue BW and NBW. Police says they are not getting accused, not giving report. In the absence of accused court not framing charges. What to do ?



 5 Replies

ROHIT SHARMA (Legal Advisor )     15 September 2014

Dear Mr. Abhijeet,

1. File an application before the court to have such accused declared as absconders.

2. To get more updates on legal guidance contact this lawyer for private legal consultation. 

3. To get my contact details click my name shown in the L.H.S. margin of this reply format.


Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 0-9824047971.


laxmi kant joshi (instructor)     15 September 2014

Abhijit move an application in the concern court and request the court to declare them absconder and start the proceeding of 82 /83 crpc against them.

LoneFighter (IT)     15 September 2014

Sir, what will happen if the accused is declared absconders. Will the charges be framed just like that with out taking accused statements?

How will the case proceed after that. 

Being Human (LLB)     15 September 2014

I think charges are already framed by the police in charge sheet. Now only procedure remain for the court to submit charge sheet to the accused. If the accused remain unavialable u can ask the court to issue summon or arrest warrant.

Abhijit ppp (no)     19 September 2014

Actually charge sheet is already filed in march 2012. But, as per lawyer and court, to frame charges all accused, at a time, must be present in the court. Then only case will proceed, with  the involvement of APP. 

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