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Vasanth MS (General)     25 October 2020

U/s 317 crpc petition

Criminal case filed against me. Now I am not in the position to travel to other district to attend this case for next few months. My lawyer is a junior and he filed petition under US 317 CRPC for my absence in last 3 hearings. Not sure he is driving me in the right way, Could anyone tell me how many times my lawyer can file 317 for my absence? Is there any limitation?

The current status of the case is, I objected in court that petition filed against me is per false allegation and local police support. Court asked police to bring witness to prove the allegation registered by local police. Last one year police not bring the witness, court just postpone the hearing date every time and give time to police to bring the parties. But every time when i absent, court just change the date without inquire police about the witness present. Such a way the case is running more than 5 years. I dont see the value of my presence to the court as court give extra time (more than 2 years) to police to present witness.

My questions:

1. How many times 317 can be filed, is there any limitation? is it enough my lawyer file 317 every time until court order something against police witness?

2. Any idea to speed up the case instead dragging the case by police/witness presence/court?

3. Any section allow me to file paper against police to bring them witness or withdraw or dismiss the case after certain time period



Learning

 2 Replies

Garima Dikshit   17 November 2020

Hello sir!

With regard to your first question, there is no limit to the number of times s. 317 of Cr.P.C. can be used.

 

For speeding up the case, you could either come up with substantial evidence in your favour so as to discourage and disprove the matter of the case. 

 

Finally, as regards the witnesses, you could pray the judge to issue summons against the witnesses to summon them to Court by itself instead of depending on the police.

 

Hope this helps :)

Regards,

Garima Diksh*t

Vasanth MS (General)     19 November 2020

Thank You Madam


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