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Srini (victim)     24 August 2008

Appearance before the court

Hi,

I'm facing a 498A case in a different state from where I'm residing. The charge sheet has submitted.

Can I take permission from the court for my non appearce before the court for every date. Instead of this, my advocate can appear on behalf of me. Please let me know the procedure so that only my advocate will appear for the dates on behalf of me in the court.

Thanks and Regards,

Srini



Learning

 7 Replies

kumar sachin (lawyer)     24 August 2008

dear sirin,


you have not cleared wether u r on bail in the case or not yet appeared.


if u have not taken bail and not appeared in the case then u may file a petition under section 205 with suffecient and cogent reason and if the court is satisfed then it may  order dispensing with ur attendence before the court.


and if u are on bail then there is provision u/s 317 Cr P C


 

Rajan Salvi (Lawyer)     24 August 2008

Under section 205 of Cr. P.C. Magistrate may do so.


In the Application for permenant exemption, do not forget to state


[1] That you are living in nother state,


[2]  That you are employed/ only earning member/or you are looking after any business.


[3] That you will not dispute the identity of the witnesses.


[4] That you will remain present whenever the judge orders you to do so,


[5] State if you have any desease,


If your application is allowed , please do not shy in any way from paying the Advocate his fees and keep in regular touch with the Advocate. If proceedings are posted on the net, keep tab on it. Make it a point to remain present atleast 3 times a year even if your application is allowed.


Generally the Magistrate is not inclined to allow the application. It is upto your Advocate to convince him. Even if your application is not allowed, you can prefer application for exemption for the day stating some reason.


I further suggest , if you can compromise the matter , well and good. You cannot clap with one hand. If problem between two countries can be solved by discussion , I do not see why your problem cannot be solved. NEVER CLOSE THE DOOR OF COMMUNICATION.   GOD BLESS YOU.

Guest (n/a)     24 August 2008

you can submit an application under section 205 of Cr. P.C. with concrete base, for excemption of your appreance

Shailendra prasad singh (Lawyer)     25 August 2008

hi srini


u first file a petition u/s 205 of the cr.pc before the magistrate , and u most see the judgment of the hon'ble supreme court held in the case of  S.V.Majumdaar V/S Gujrat state fertilizer co. Reported in  2005 ( 4 ) SCC Page No. 173 para 13 the apex court in said decision has held thus:


'\'It has to born in mind that while dealing with an application in term of sec. 205 of the code,the court has to consider whether any useful purpose would be served by requiring the personal attendance of the accused or whether the progress of the trial court is likely to be hampered on account of his absence . we make it clear that if at any stage the trial court comes to the conclusion that the accused persons are trying delay comletion of trial it shall be free to refuse the prayer for dispensing with personal attendance.


  u must go with this judgment of supreme court and present the petition u/s. 205 along with this judgment. ur concern court never decline to the judgment of supreme court.


                                                                                      thanks 

Kiran Kumar (Lawyer)     25 August 2008

all the replies r apt, i would suggest, seek bail first before applying for permanent exemption.

Srini (victim)     25 August 2008

Hi All,


Thanks for your replies.


I got anticipatory bail from high court and the bail bonds are executed in the police station.


I'm planning to take the regular bail in the first hearing in this month and also apply for exemption for appearance as suggested.


Srini

advocate jain (advocate)     26 August 2008

thanks for ur information


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