Statement under section 313 cr pc

5 years ago

Dear Sir,
There are total five accused in false case, opposition/prosecution party is given a statement that 'case was registered in anger'. Now case is in 'statement under 313 cr pc'. My query is that all accused to be necessarily present physically before honourable court for statement under sec 313 cr pc; as two of accused are out of country due to work. And Is it possible that procedure of 'statement under sec 313 cr pc' can be completed with the three accused.
Please advice.

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Prabhakara S K Shetty

Responded 5 years ago

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A.can be completed for those three first.

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Ashish K Dongre

Responded 5 years ago

A.Yes all five have to present but there is an exception to it. Better consult for more details

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Debolina Das

Responded 5 years ago

A.Yes, all accused have to be present before the court.

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Ambrose Leo

Responded 5 years ago

A.You have complicated and sensitive issue of Criminal matter. The court will proceed as per the criminal procedure code and all the accused will be tried together completely. It is better to take guidance & help from senior lawyer from the panel of Vidhikarya quickly and protect your interest.

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GANESH SHARMA

Responded 5 years ago

A.All accused should be present at the same time. In case in absence of any accused the magistrate may issue warrants. You can move to High Court for quashing of FIR in the opposite party has filed the case with ulterior motives or anger as mentioned by you. Kindly mention the section of IPC for more clarity.

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Anonymous

Replied 5 years ago

Thanks Sir for reply.

Both the parties are mutually agreed to close the matter and submitted the affidavit before court.
Section is 498A and others.
I got mixed feedback on presense of accused.

GANESH SHARMA

Replied 5 years ago

On the basis of the affidavit you can move to High court for quashing of FIR along with application of stay of proceeding of the case. No need to get panicked at this stage.

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