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Checking relevance for SRI RAMESHWAR YADAV VS STATE OF BIHAR...
2018 2 Supreme 631 : Under Section 317 CrPC, if the accused is absconding, the Magistrate may, for reasons to be recorded, dispense with the personal attendance of the accused and proceed with the inquiry or trial in his absence, provided the accused is represented by a pleader. The section also allows the Magistrate to direct the personal attendance of the accused at any subsequent stage. This provision permits the continuation of proceedings against an absconding accused without requiring his physical presence, and there is no bar to holding such proceedings in a single FIR even if the accused is absconding. The document confirms that Section 317 CrPC specifically addresses the situation where the accused is not present, including when he is absconding, and allows the trial to proceed in his absence, thus supporting the possibility of one FIR containing proceedings even when the accused is absconding.Checking relevance for S. Mujibar Rahman VS State Rep. by Inspector of Police...
Checking relevance for Bhaskar Industries LTD. VS Bhiwani Denim And Apparels LTD. ...
Checking relevance for Puneet Dalmia VS Central Bureau of Investigation, Hyderabad...
2019 0 Supreme(SC) 1367 : Section 317 of the CrPC permits the court to dispense with the personal attendance of an accused, even in a summons case, provided the accused is represented by a counsel. This provision allows for the prosecution to proceed in the absence of the accused, including for further steps in the case, as long as the accused gives an undertaking that they will not dispute their identity, counsel will appear on their behalf, and they have no objection to evidence being recorded in their absence. The court may also direct the accused to appear personally at any stage if there is a failure by counsel to appear or if the trial is being delayed. This applies even when the accused is absconding, as the court retains discretion under Section 317 to proceed with the trial in their absence, provided safeguards are observed. The existence of a single FIR does not preclude the possibility of multiple proceedings or proceedings in the absence of an absconding accused, as the law permits continuation of trial under Section 317, CrPC, even if one accused is not present.Checking relevance for ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. VS CENTRAL BURUEAU OF INVESTIVATION...
Checking relevance for Manish Kumar Agrawal VS Central Bureau of Investigation...
Manish Kumar Agrawal VS Central Bureau of Investigation - Crimes (2011)
: Yes, there can be two proceedings in one FIR if an accused is absconding under Section 317 CrPC. Section 223 CrPC is an enabling provision that permits the trial of two persons involved in a conspiracy to be tried together, but it does not bar the trial of one accused in the absence of the other if it is a case of conspiracy. The court has held that when a co-accused is absconding and not available for trial—especially when extradition proceedings are pending—the trial of the other accused may proceed in their absence. This is supported by the fact that the petitioner himself admitted in his application under Section 205 read with Section 317(1) CrPC that the co-accused was absconding and had not submitted to the jurisdiction of the court. Therefore, separation of trial and proceeding against the present accused in the absence of the absconding co-accused is legally permissible.Checking relevance for Sandeep Kumar Tekriwal VS State Of Bihar...2008 0 Supreme(Pat) 1384 : Under Section 317 of the Code of Criminal Procedure, 1973, a trial may proceed in the absence of an accused who is represented by a pleader, provided the Magistrate is satisfied that personal attendance is not necessary in the interests of justice. However, if the Magistrate later determines that personal attendance is required, the accused must be directed to appear in person. If the accused fails to appear despite such direction, the Magistrate may issue a non-bailable warrant and cancel bail and bail bonds under Sections 446A and 449 CrPC. The document confirms that the trial can continue in the absence of an absconding accused under Section 317 CrPC, and that the same FIR can proceed with the trial of other accused while the absconding accused is dealt with separately through warrants and cancellation of bail. Thus, there can be one FIR with multiple proceedings—ongoing trial for non-absconding accused and separate proceedings (like arrest warrant and bail cancellation) for the absconding accused—within the same FIR.Checking relevance for Suleman Kaji son of late Hafij Kaji VS State of Jharkhand...
Checking relevance for Felix Suresh Peter VS Inspector of Police, Peraiyur Police Station...
Checking relevance for Raja Alias Jatinder Singh VS Sunita Kumari...
Checking relevance for Ram Kumar Nayak S/o Shankar Lal Nayak VS Gajanan Agrawal S/o Gigraj Agrawal...
Checking relevance for Bhaskar Industries Ltd. VS Bhiwani Denim & Apparels Ltd. ...
Checking relevance for R. Rajagopal Reddy VS Padmini Chandrasekharan...
Checking relevance for LALADHAR PRAGJI VS STATE...
Checking relevance for Sharad Subramanyan VS Soumi Mazumdar...
