Wednesday, July 30, 2014

When a case is ready for trial

After taking cognizance of an offence u/s 190(1), the magistrate has to process issue under section 204 of The Criminal Procedure Code,1898. Issue Process includes -
1.Summons in the first stage - U/S 68
2.Issuing Warrant in 2nd stage - U/S 75
3.Issue of Proclamation - U/S 87
4.Issue of Attachment - U/S 88
After performing all the proceedings mentioned above by the magistrate but the accused does not appear himself before the court then the court will pass an order to publish notice in at least two (2) national daily newspapers to appear the accused before the court within the period specified by the court under section 339 B (1) of the Cr PC.
If the accused does  not appear within the period of publication the court will presume that the accused is present before the court mentally and start Trial in absentia.
When the accused appears before the court either physically or mentally the case is ready for trial.



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