Criminal revision Petition Filled

901 votes

In a criminal revision petition, if one of the defendants fails to attend court, the court typically does not proceed ex parte in the same way as in civil cases. Criminal cases require the presence of all parties involved for fair adjudication, and the court may issue notices or warrants to secure the attendance of the absent defendant. If one defendant is consistently absent, the court may separate the proceedings for that defendant, allowing the case to proceed against the others. However, the outcome of a criminal case usually affects all defendants jointly, especially if they are co-accused in the same incident. The absence of one defendant does not generally lead to an ex parte decision solely against them but could delay the case or lead to procedural steps like issuing a bailable or non-bailable warrant. The petitioner cannot directly request an ex parte order, as criminal procedure relies on ensuring that all parties have adequate representation and opportunity to be heard.

Advocate Rohan Venkatesh Yemul LawRato

628 votes

Well, in Criminal Cases, there is no concept of passing of an Ex Partee Order, if the Accused or Defendants have not been appearing, Passing of Ex Partee Order traces its roots to CPC, 1908, which is the Principal Civil Law of India.

Advocate Pankaj Bajaj LawRato

944 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