There is no provision in the Code of Criminal Procedure, wherein, this type of situation is directly answered.

However, Section 317 [1] of Cr.P.C. categorically states that the absence of Accused on the hearing date could be condoned by the Court.

Generally, Section 317 Petition is filed by the Counsels of the Accused in the event the Accused had not turned up on the hearing date and the Court admits such Petition considering the stage of the case.