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Kanak   07 September 2016

498a

Hello Everyone,

i am facing false 498a, 506 and DP3&4. It has been one year of charge sheet yet charges have not been framed. now i got NOC from my Lawyer and i would like to fight my case as a party in person. i am going to file Application under 302(2) CrPC. 

My questions are

1. What is the court procedure i have to follow to file party in person (like color of sheet, format of Application etc)

2. This time my parents are not appearing before the court as my father is not feeling well. how should i tell court that they didnt attend this time due to some helth problem. ( My parents already filed 482 in high court but we didnt get stay order yet)



Learning

 5 Replies

Sachin (N.A)     07 September 2016

There is no specific format for appearing as party in person.

You may simply right an application " Application for self representation in court". Mostly it is observed that no court ask for written application and allow to appear as party in person because it is your constitutional right.

As you mentioned that your family members are also party in same case. Court may not allow you to appear on their behalf so it is better to take a junior lawyer with you who will file an vakalatmama on their behalf . and as your father is not going to appear on next date . You draft an application for exemption and that lawyer will file that.

 

Kanak   07 September 2016

Thank u for ur reply sir, Is there any way out so that need of junior lawyer doesn't arise...

Anup kumar   07 September 2016

Put requesr for waiver of presence in court with the medical fitness certificate of your parents .

Sachin (N.A)     07 September 2016

Originally posted by : Kanak
Thank u for ur reply sir,
Is there any way out so that need of junior lawyer doesn't arise...

 

Draft an application of exemption of your father. Get it signed by your father as party in person and you file it on his behalf.

Kanak   07 September 2016

Thank u so much...

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