Criminal revision Petition Filled

502 votes

In criminal proceedings, a criminal revision petition can be filed in a Sessions Court by any aggrieved party seeking revision of a subordinate court’s order. If one defendant in a case does not attend court, the court may proceed ex parte against that particular defendant. This means that the case can proceed in their absence, and a judgment can be passed without their input if they have been adequately notified and fail to appear without just cause. Ex parte proceedings generally do not affect other defendants if the case involves multiple parties, as each defendant's presence or absence is considered individually. However, if the absence of one defendant has a substantial impact on the entire case or if there are shared defenses or interests among the defendants, the court may consider the implications for the other defendants. In such cases, the petitioner may request the court to proceed ex parte against the absent defendant, but this does not automatically impact the proceedings or defenses of the other defendants. Under Section 205 of the Code of Criminal Procedure (CrPC), the court may allow the absentee defendant’s representation through a lawyer or may set terms for their reappearance if required. Moreover, Section 317 CrPC allows for dispensing with the personal attendance of the accused under certain circumstances, depending on the court's discretion. Thus, an ex parte decision will typically bind only the absent defendant, unless their absence creates prejudice for the remaining defendants.

Advocate Vikrant C Deshpande LawRato

549 votes

In a criminal revision petition filed in a sessions court, if one of the defendants fails to appear, the petitioner may request the court to proceed ex parte against that specific defendant. However, unlike civil cases, criminal cases have distinct rules, and the proceedings primarily revolve around the interests of justice and adherence to procedural laws. An ex parte order in criminal matters means that the court can proceed in the absence of the non-appearing defendant after ensuring sufficient notice was served and opportunities to appear were given. The ex parte status of one defendant generally does not impact the other defendants in the case directly. Each defendant’s case is considered separately based on their conduct, evidence, and involvement. The court will continue with the proceedings for the other defendants, and they can participate in the trial or hearings as usual. The absent defendant might face adverse findings or limitations in defending their position, but this does not automatically extend to co-defendants. It is advisable for co-defendants to remain proactive and engaged in the proceedings to avoid any complications or delays.

Advocate Muzammil Shaikh LawRato