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Person charged under IPC gone abroad while case still pending
22-May-2023 (In Criminal Law)
In January 2014 my wife done FALSE case of IPC 489A ,323,504,506(2),114. IN 2018 MY WIFE STAGE WAS COMPLETED .Now the next stage is of court. This case was done on me(a government servant ),my 65 year old aged mother ,big brother and bhabhi who were not living with us from our marriage.Now my brother has gone out of india for job.Here can we tell truth about my big brother or not.If we tell truth about my brother then what will happen.we have all proof in our favour.IN THIS STAGE JUDGE HAS TOLD ALL OF US FOUR TO APPEAR IN THE COURT FOR NEXT STAGE.We all 3 will be able to present in Taluka court,but my brother will not able to come india .Now please guide me what can i do.what was the recation of the court if i tell truth about my brother job out of india .?
You might be declare about your brother. You can put the leave note every time of your case stage. There is no requirement of your brother in proceeding. At the time of judgement your brother have to appear the court. Till the judgement day you have to appear the court and complete the proceeding.
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Adv. K D Sheladiya
Surat | 25+ Answers
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You are not clarify that, a complain against whom, your brother are involved or not ?
If complain filed against your brother also and police has filed change sheet against him. That situation your brother have to remain present before the court (if your brother gone abroad during triel without prior permission, it is illegaly) but if charge sheet did not against your brother, court never call to him.
However, if your brother is accused in the case, you can get Permenant exemption under section 205 of Cr. P. C
If complain filed against your brother also and police has filed change sheet against him. That situation your brother have to remain present before the court (if your brother gone abroad during triel without prior permission, it is illegaly) but if charge sheet did not against your brother, court never call to him.
However, if your brother is accused in the case, you can get Permenant exemption under section 205 of Cr. P. C
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Adv. Jaykumar Varma
Vadodara | 25+ Answers
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FIRSTLY YOU NEED TO TELL WAS THERE ANY CONDITION ABOUT NOT LEAVING THE COUNTRY OR SO ? SECONDLY U MUST INFORM THE COURT AND FILE AN APPLICATION FOR PERMANENT EXEMPTION FROM APPEARANCE . THIRDLY WHERE THE COMPLAINT WAS LODGED IN WHICH CITY ? U MUST APPROACH HIGH COURT FOR QUASHING THE COMPLAINT
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Adv. Chirag Kakkad
Veraval | 25+ Answers
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