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...counsel for the petitioner submits that by the impugned order the leraned court has rejected the petition under section 317 of the Cr.P.C and cancelled the bail and further directed to issue Non- bailable...finds that the petition under section 317 Cr.P.C was filed. This is not a case that the petitioner has not appeared through his advocate. Once the learned court was to reject the petition filed ...section 317 Cr.P.C after rejecting the petition under section 317 Cr.P.C a further date for physical appearance is required to be fixed, which has not been done in the case in ha...
...order dated 21.6.2005 passed by Shri Shiv Kumar, Judicial Magistrate, 1st Class, Gopalganj in Trial No. 383 of 2005 by which after accepting the petition under Section 317 Cr.P.C...fixed for 6.4.2005 and 25.4.2005 and his petition under Section 317 Cr.P.C for appearance through Advocate was accepted by the trial court on the ground that he has gone outside...for earning livelihood. On 21.6.2005 a petition under Section 317 Cr.P.C was filed on behalf of the petitioner and the same was earlier allowed and the case was posted for...
...the petitioners is necessary on that date, considering the age of the petitioners, the Court should have lenient in considering the application under Section 317 Cr.P.C But, unfortunately...under Section 317 Cr.P.C, has been filed. It is stated that the petitioners have to travel 140 kms., from their native place and despite their old age problem, they are...Section 317 Cr.P.C, has been dismissed. Under such circumstances, the learned counsel for the petitioners seeks direction to the Court...
...not able to appear before the Trial Court due to illness and hence he informed his counsel to file a petition under Section 317 of Cr.P.C. He further submitted that the...petitioner's counsel also has filed a petition under Section 317 of Cr.P.C., but the Trial Court has dismissed the petition and issued a non bailable warrant and subsequ...that on 20.08.2018 the petitioner has not appeared before the Trial Court and to condone his absence, the learned counsel for the petitioner has filed the petition under Section 317 ...
...petitioner was unable to appear before the Trial Court due to his illness. On 30.01.2023, the petitioner filed a petition under Section 317 Cr.P.C., in Crl.M.P.No.930 of 2023, for dispensing his personal.... The respondent filed a complaint against the petitioner for the offence under Section 138 of the Negotiable Instruments
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Act. On 30.01.2023, ...appearance due to his illness. The said petition was dismissed on 30.01.2023 on the ground that though sufficient opportunity has been given, the petitioner did not appear before the Trial Court...
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in the court of Judicial Magistrate, 1st Class, Giridih.
Learned counsel for the petitioners submits that the petition
under section 317 Cr.P.C has been filed however the same wa...petitioner is ready to appear before the learned court.
The Court has perused the impugned order and finds that
petition under section 317 Cr.P.C has been filed and this is not the...:- Mrs.Kumari Rashmi,Advocate
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5/21.12.2022 This petition has been filed for quashing of the order dated
09.01.2020 passed in connection with C.C.Case No.865 of 2017, pending...
...case was taken up for hearing on 17.03.2010. Since the petitioner/accused could not be able to appear on the said date, he filed a petition under Section 317 of Cr.P.C. and...: "Complainant present. Accused called absent. Petition Under Section 317 Cr.P.C. filed and dismissed. Memo filed only I.R. number is produced. As such neither Stay order is...This petition has been filed seeking to call for the records in C.C.No.1063 of 2007, on the file of Judicial Magistrate No.II, Coimbatore, Coimbatore District.
2. It is...
...the Mahila Court (FTC), Namakkal. He instructed his lower court counsel to file a petition under Section 317 Cr.P.C., on 02.12.2015. But the counsel failed to file the...This petition is filed by the petitioner seeking a direction to the learned Mahila Court (FTC), Namakkal to consider the recall warrant petition filed by him on the same day of his...petition. Hence, the Non-Bailable Warrant came to be issued against the petitioner on 02.12.2015. 4. On being satisfied with the reason stated by the petitioner for his non appearance...
...filed the petition under section 317 Cr.P.C. which was rejected and the bail of the accused-petitioner was cancelled. Thereafter, on 27.04.2017, present anticipatory bail...did not turned up for commitment of the case and filed petitioner u/s 317 Cr.P.C., which was allowed only for that day. Again on 09.06.2016 the record was fixed for commitment, but accused again...
...appearance has been dispensed with on 08.07.2014, pursuant to a petition under Section 317 Cr.P.C filed on his behalf being accepted by the Court below. Thereafter, the...Criminal Revision Cases filed under Section 397 r/w. Sec. 401 Cr.P.C against the order dated 22.07.2014 passed by the Judicial Magistrate, Chengalpet, in C.C No...
...appears that on 26.07.2012 , both the parties were directed to be physically present. However, on 14.09.2012, a petition under Section 317 Cr.P.C. was filed, which was.... Consequently, orders dated 04.10.2012 and 02.04.016, were passed by learned J.M., 1st Class, Bermo at Tenughat, and pursuant thereto representations/petition under Section 317 Cr.P.C....of the petitioner filed under Section 317 Cr.P.C. has been cancelled and non-bailable warrant of arrest and proclamation under section 82 Cr.P.C...
...03.02.2014, the petitioners 2 and 3 were not present and their counsel filed an application under Section 317 Cr.P.C to condone their absence. But the learned Judicial Magistrate refused ...of bailable warrant against the petitioners 2 and 3 when the petitioners 2 and 3 were represented by counsel and petition under Section 317 Cr.P.C was also filed on behalf...Magistrate was pleased to issue bailable warrant and adjourned the case to 06.02.2014 and thereafter, the petitioners through their counsel, filed a petition under Section 317 ...
...appears from perusal of the order dated 05.08.2014 that although the petition under Section 317 Cr.P.C. had been filed, but none had appeared to press the said application...-appearance of either the petitioner or his counsel to press the petition filed under Section 317 Cr.P.C., the order dated 05.08.2014 has been passed. In such circumstances, the...did not appear to press the petition filed under Section 317 Cr.P.C., bail bond of the petitioner has been cancelled and warrant of arrest has been issued, the petitioner...
...which on being rejected led the petitioner to file revision application and considering the said fact the representation petition under Section 317 Cr.P.C was allowed from...time to time. It has been stated that on 02.03.2016 the representation petition under Section 317 Cr.P.C of the petitioner was also allowed. Learned counsel submits that...the learned trial court as no further opportunity was given to the petitioner to make himself physically present after rejecting the representation petition under Section 317 ...
...Original Petition is filed challenging the dismissal of the petition under Section 317 Cr.P.C., and consequential issuance of bailable warrant.
1...205 Cr.P.C., to dispense with his personal appearance and same is pending. While so, when the matter was posted to 08.08.2023, petition under Section 317 Cr.P.C., was filed to condone the absence ...accusation and incriminating evidence, the Court below ought not have dismissed the petition filed under Section 317 Cr.P.C., and proceed to issue bailable warrant.
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...1. The petitioner in both the cases is one and the same. On one hearing he was absent. Though a petition under section 317, Cr.P.C was filed, it appears, the...reasons under section 317, Cr.P.C It is a benevolent provision that has to be liberally used, unless, it has to be refused for valid reasons. Unfortunately, because of such a...the nature of advice to the trial court not to indulge in such wholesale dismissal of the petitions filed under section 317 Cr.P.C3. Taking into consideration the relevant aspects, the...
..., on 10.06.2015, was absent, for which the petition under Section 317 Cr.P.C is filed before the trial Court and the same is dismissed. Subsequently, a N.B.W has been issued..., but I do not want to modify the conditions imposed by this court. However, in an extraordinary circumstances, if any of the accused is unable to appear before the Court, if they file a petition under ...has not appeared on that day. Hence, he filed an application under Section 317 Cr.P.C before the trial Court for condonation of absence and the trial court has incorporated...
...is not present. Hence, the learned counsel appearing for the petitioner filed a petition under Section 317 Cr.P.C.4. On perusal of the petition filed ...2019 in S.C. No. 122 of 2015, dated 11.0-2.2019 is not correct. The reasons stated in the petition filed under Section 317 Cr.P.C. are acceptable.8. In the...filed under Section 317 Cr.P.C.5. In this case, to prove that the petitioner is not having of absence, the learned counsel for the petitioner filed the copy of...
...for them before the Court below filed a petition under Section 317 Cr.P.C. to dispense
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with their appearance...appearing for him filed a petition under Section 317 Cr.P.C. to dispense with his appearance, but, however, the Court below on erroneous consideration of facts without considering the facts and...vide docket order, dated 20.08.2019, in C.C.No.100 of 2018 on the file of Judicial Magistrate of First Class, Chennur.
2. The Criminal Petition, under Section 482 Cr.P.C...
...the petitioner, it is made clear that the petitioner is to file a petition under Section 317 Cr.P.C., before the trial Court and also affidavit stating that he would not dispute his identity during...consider the petition under Section 317 Cr.P.C., liberally. If the above undertaking is not followed by the petitioners, the trial Court is directed to secure the accused and conduct the trial. / 7.In...This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.108 of 2020 on the file of the Fast Track Court at Magisterial Level, Ambattur, Tiruvallur District...