No, it is not mandatory to appear before high court during the hearing of quash petition.
Do I have to attend the High court for FIR quashing as a accused in the FIR
One of my long relative aged 71 filed a complaint against 5 members of my family including me under crpc 323, 506, 34. He bribed the cops and submitted fake medical report of his spine backpain My parents didn't commited offense on him. On that day,I'm not in the spot I'm working from home as a software engineer. I gonna file the quash petition in high court but Do I have to attend the High court along with 4 accused people for trail in court?
Asked 8 months ago in Criminal Law
Religion: Hindu
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12 Answers
In high court for quashing petition, your personal appearance is not required, but high court may direct you to appear. However, in trial you and other named persons shall be required to obtain bail and to appear on each hearing. You can seek exemption through your advocate.
No it’s not mandatory
- As per law , the presence of an accused is necessary before the High Court in Quashing Petition
- However, if you are unable to appear , then your lawyer can move an exemption application before the court on your behalf .
Hi, If the High Court has stayed your matter then there is no need to attend in the Trial Court. Otherwise you need to appear before the Hon'ble Court.
Your personal presence is necessary during hearing of quash petition
If no stay from HC than have to present in court to obtain bail. Later your advocate will file HAJARI Maafi on later dates.
Some hearings, especially those related to procedural matters like quashing of charges, might not require the physical presence of all accused individuals. Your lawyer might represent you in such hearings, and you might not need to attend personally. In certain cases, the court might require the presence of the accused during specific hearings, especially if the court wants to hear the accused's side of the story or if any critical issues need to be clarified.
In the context of a quashing petition before the high court, your physical presence is not initially mandatory, although the high court holds the authority to request your attendance if deemed necessary. Nevertheless, during the trial phase, both you and the other individuals mentioned will need to secure bail and be present for each hearing. It is possible to request an exemption from personal appearance through your legal representative.
Though not necessary but it is always advisable that all the accused in the FIR are present during quashing , you can file an application for exemption stating the reasons for the absence.
the main accused of the FIR should be present in the High Court while hearing of the case
It depends on the court
