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Spanish Sharma   16 October 2021

Marked absent but was present in court

I attended my criminal case of 471 120B against me and 7 other accused in Saket court today.
However the magistrate was absent and the court clerk asked for everyone attendance including mine.
However when the final order was uploaded my name was shown absent and rest everyone was present.
I was marked absent.
The order was under signed by the court clerk and not the magistrate.

Can I get this rectified.
If not will it have an adverse effect on my case which is now 3 years old.

How do I tell the court that I was present and still marked absent.

Plz guide


 5 Replies

Dr J C Vashista (Lawyer)     17 October 2021

Get it corrected by concerned Magistrate on next date 

jana narayana vighneshwaran (Senior Legal Consultant)     17 October 2021

If not ordered for warrant, be present on next hearing and make your present

Pradipta Nath (Advocate)     17 October 2021

File a petition including an affidavit with two witness regarding this and pray to give direction to the Bench Clerk to rectify the error.

Dr J C Vashista (Lawyer)     18 October 2021

Reader / Ahalmad has no powers to issue warrants.

However, even if your presence was not marked which do not make any affect, it is advisable to ignore.

Appear on next date of hearing, 

P. Venu (Advocate)     18 October 2021

Yes, in the absence of adverse consequences, the matter could be gnored.

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