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sanjay (executive)     03 July 2013

Case without hearing


What happens in a criminal case where neither party goes for hearing. One party is the accused and other the state. For how long can this situation continue where neither party goes for hearing. I also wanted to know what is the maximum tenure which can be sought between two dates. Its a matter in the jurisdiction of UP.

Thanks & Regards


 6 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 July 2013

In such case it is necessary for accused to appear in every court proceedings . If he fails to appear in such event Warrant is issued against him. Inhis absence he can file fro exemption application through his pleader. to exempt him for that particular hearing.  For state there is nothing such usually there are public prosecutors for state so they are there .




Kishtaiah (Advocate)     03 July 2013

State is deemed always attending the call on dates, accused if not attending NBW will be issued and still not attending, he will be declared proclaimed offender u/s 82 Cr.P.C. and his property will be attached du/s 83 Cr.P.C.

sanjay (executive)     04 July 2013

Thanks for the information. Being a layman I wasn;t able to show the correct picture. The case is not in the hearing stage. Only summons[four] have been issued that too have been showed as not received by the accused. 

Rajaramana RV (Employee)     04 July 2013

Who has issued summons? Have they been issued to your address. Let the community know so that they can advise better. 

sanjay (executive)     04 July 2013

Summon has been issued by the court and they have not reached to my address.

Rajaramana RV (Employee)     04 July 2013

Dear Sanjay,

How did you come to know summons has been isussd by court. How much time has happened since FIR was registered. Have you taken AB or are you out on bail. Just ensure that no NBW is issued. Let me know your answers and wil guide you further.

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