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The provisions of S. 353 (Section 273 in New Code) require that with certain exceptions the evidence should be taken in the presence of the accused or when his personal attendance is dispensed with, in the presence of his pleader.
Can anyone provide me a case law on this subject. In my case, the ld. Metropolitan Magistrate has framed a notice to the accused u/s 251 CrPC whereas no post-summoning evidence was given by the complainant in presence of the accused. The notice has been framed u/s 323/448/506 IPC. I shall be grateful if a precedent is made available to me that the notice u/s 251 cannot be framed without the complainant having been given his evidence in the presence of the accused.
Can anyone provide me a case law on this subject. In my case, the ld. Metropolitan Magistrate has framed a notice to the accused u/s 251 CrPC whereas no post-summoning evidence was given by the complainant in presence of the accused. The notice has been framed u/s 323/448/506 IPC. I shall be grateful if a precedent is made available to me that the notice u/s 251 cannot be framed without the complainant having been given his evidence in the presence of the accused.
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