Procedure to secure presence of accused
23-Jun-2025 (In Criminal Law)
This is personal vendetta case. My neighbor he file false complaint. I not being summoned ever. I now transferred to work in Mumbai so complaint seeking my presence before court to inconvenience and harass me.
If no charge filed, no witness examined -- can court seek presence of accused without cause by any legal procedure?
if no charge has been framed, no witness has been examined, the court should not be insisting your physical presence atleast without in absence of any justified cause. Interestingly, the amended law (BNSS) the court are bound to permit the parties to appear virtually.
In any case you can also file an application seeking exemption from personal appearance and requesting for virtual appearance.
For further assistance in this regard you may contact us
it is there nbe understanding of if the case filed is a criminal case or the civil case. if it is a criminal case then the presence will be required however if the case is a civil one then your attorney can handle the situation. The legal procedure requires this only but you need to be honest with your attorney as why such a complaint has been filed
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