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ys_peace   26 June 2017

498a case locally change of court procedure?

Hello All,

1. Myself + other family members are accused for 498A case. My bail has been already regularised for 498A but the case is yet to start.

2. The JMFC court where my case is going to start only runs for 3 days(Mon,Tue,Wed), as the magistrate in this court attends other court (Juvenile court) for rest of 3 days of week. So this court only runs for 3 days of week.

3. Its very difficult for me to attend  this court on these 3 days due to following reasons-

a. I am employed in a private company and due to my work restrictions, it will be almost impossible for me to attend court dates on Mon,Tue, wed (3 days on which magistrate is present in this court)

b. I want to co-operate court procedure but I want my case in such court which runs all the working days of court

4. Can I ask the court to change the hearing dates as per my convenience (I mean Thus, Friday and working Sat of court)?

5. if point 4 is not possible, then can I apply for change of court (locally in the same area)?

6. if point 5 is possible then whom should I write an application for the same? (should I apply before Principal Judge?)Kindly      please share the application format and procedure for change of court (locally from one jmfc to other jmfc).

7. Is it a valid reason for change of court as I may loose my employment due to continuous leaves on Mon,Tue,Wed (3 days)?

Thanks in advance.



Learning

 5 Replies

Sachin (N.A)     26 June 2017

I don't feel court will allow your transfer petition because of your job restictions but you may try to get " Permanent Exemption from Personal Appearance" from the court proceedings but after the stage of "Argument on Charges."

Siddharth Dev (Advocate)     26 June 2017

legal query has been answered nothing to add

ys_peace   26 June 2017

But I just want transfer from one jmfc court number to other jmfc court number?(locally, in the same premises) 

ys_peace   27 June 2017

@ Sachin, Thanks for the reply, but I want to know the procedure to make an application for local transfer of court (from one jmfc to other jmfc, "locally", in the same premises, only different court number)

Can someone please tell me the procedure/ application for change of court locally?

ys_peace   13 July 2017

@ Sachin, Hi sir, you are right that I can apply for Permenant Exemption, but I want to co-operate the court and want to attend it personally on each date. 'Access to justice in a convenient way is everyone's right as per constitution of india' as noted by supreme court in Anita Kushwaha vs Pushap Sudan,

Hence, I want to present an application to Principal District Judge under crpc 408, but the question is whether I should apply through 'a simple application or 'miscellaneous petition'? and what will be the next procedure in that case?

Thanks.


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