Section 19 in Criminal Rules of Practice and Circular Orders, 1990
19. Cases in which accused has absconded:
- When process has been issued for the attendance of the accused but the case has remained pending for a long time owing to his non-appearance, and the Magistrate is satisfied that the presence of the accused cannot be secured within a reasonable time or when an accused person found to be of unsound mind is released under sub-section (1) of Section 330 or detained in safe custody under sub-section (2) of Section 330 of the Code, the Magistrate shall report the case for the orders of the Sessions Judge, who may, if he thinks fit, order that the case shall be removed from the register of cases received and omitted from the quarterly returns. The case shall, however then be entered in a separate Register of long pending cases which shall be maintained by all Magistrates in Administration Form No. 26 :Provided that if the charge is withdrawn, or if the accused is reported dead, whether before or after the entry of the case in the Register of Long Pending Cases, the case should be closed :Provided further that if the Sessions Judge is of the opinion that the case against the absent accused is wholly false, he may direct that the case be omitted from the Registers and the returns altogether and he may at any subsequent time order the case to be entered in the Register of Long Pending Cases.
