lucky81 (NA) 19 July 2015

Attendance for chargesheet 498a

Hi,

During submission of bond for AB, police gave a notice for mandatory attendance in court when chargesheet is filed. The accused are husband and family members including brother-in-law and sister-in-law. Is it mandatory for all accused to be present in court when chargesheet is presented in court? Is there any damage if the accused are not present?

Thanks,

Reply Follow

5 Replies

Laxmi Kant Joshi (Advocate ) 19 July 2015

At the time when police file chargesheet in the court your presence is not at all compulsary, when you will get summons on all of yours name issued by the court then all of yours presence is compulsary .

1 Like

SRISHAILA.DHARANI (Advocate&consultant) 20 July 2015

All of you, must be present before the case, when the same had been called, since it is criminal case, otherwise non bailable warrant will be issued. Otherwise inform your advocate to file exemption application before the court on heal the ground or etc, so that NBW will not be issued

srishaila,Advocate, 9741425514,sdharan120@gmail.com

1 Like

lucky81 (NA) 20 July 2015

thanks for your valuable inputs. As i understand, when chargesheet is filed the accussed need not be present in the court, but once court issues summons accused have to either take exemptions or be present. Request you to please confirm. Thanks once again

Biswanath Roy (Advocate) 23 July 2015

SUMMON is a direction of the court for physical appearance which you cannot ignore if you ignore that direction the Court may issue non-bailable warrent of arrest against you.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 July 2015

Is it mandatory for all accused to be present in court when chargesheet is presented in court?

Presence of accused or their attorneys (Your council having VOKALATNAMA signed by you and others) is mandatory when the magistrate will call their name during the chargesheet presentation to obtain the regular bail.

Is there any damage if the accused are not present?

Regular bail will not be ordered in case of absence of accused or their attorneys.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like