Hi all,
My 498a case is running in Andhra Pradesh.
SSP (XYZ) 27 June 2014
Hi all,
My 498a case is running in Andhra Pradesh.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 28 June 2014
The Supreme Court, in a recent decision in TGN Kumar vs State Of Kerala & Ors., has examined the provisions of Section 205 of the Code of Criminal Procedure, relating to the dispensation of personal appearance of an accused before a Criminal Court. The Supreme Court held as under; - See more at: https://www.legalblog.in/2011/01/exemption-from-personal-appearance.
"205. Magistrate may dispense with personal attendance of accused.--(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader.
SSP (XYZ) 28 June 2014
Hi
Thanks Ramachari sir. Thanks for your reply.
Due to my present judge going for some training, my 498a case is going to transfer to another bench.
I heard that the new judge is not accepting if all accuseds are not attending for adjornments. Even he is not accepting if petitioner and witnessis not attending also. But in 498a trail there is nothing to do with us untill they finish all witnessis chief and cross examination. So till court need our statements i want to ask one person ( A2) will attend for all adjornments behalf of all.
Is it better to file rhe above petition in lower court? Or shall i go to high court?
Thanks
T. Kalaiselvan, Advocate (Advocate) 28 June 2014
I agree with learned advocate Mr. Ramachary that you can file a petition u/s 205Cr.P.c seeking permission of the court to dispense with the persona appearance of the accused.