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MASTHAN (Self employeed)     28 October 2010

partial stay order and Permanent exemption

1. My brother wife filed 498A against my elder brother (A1, her husband), my mother A2, my self A3 and my younger brother A4.

 

2.  My younger brother and my self gone to HC for quash and we got the stay order. The quash petition is pending.

3. Now my brother and my mother attending every trail date.

4. In the lower court Majistrate can not frame the charges till we four attend the trail court.  Since my younger brother and my self have stay order, we dont attend the trail court.

5. So my elder and my mother are simply going and coming back from trail court. No proceedings and no  charges are anything.

6.  Can we ask the lower court majistrate to give permanent exemption for my brother ad my mother till the stay order gets vaccated or the quash petition gets disposed?

Thanks,

Masthan

 



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 October 2010

Yes you can file an application for permanent exemption.

MASTHAN (Self employeed)     29 October 2010

Hi..

 

Can any one please share application format?

 

Thanks,

Masthan

Maninder Arora (Advocate)     30 October 2010

Yes u must file the exemption application but seperatly for ur mother & brother..The magistrate would not grant permanent exemption but only for a particular day..However u can approach the High Court for permamnent exemption of ur mother stating varous grounds but for ur brother I m sorry as he being the husband would be treated as main accused(grouds do matter).

MASTHAN (Self employeed)     30 October 2010

Hi All,

 

I prepared the follwoing doc for exemption, please let me know your comments.

 

 

IN THE JUDICIAL FIRST CLASS MAJISTRATE COURT OF ANDHRA PRADESH AT XXXXXX

C.C. No. XXX/2010

BETWEEN

           . . . .         Petitioners

AND:

    .. Respondents


 

MEMO FOR POSTING


 

  1. We humbly submits the A1, A2, A3 and A4 had been implicated in false 498a r/w DP3 and 4 in the file of CC No. XXX/2010 pending before this Hon'ble court.

  2. It is further submitted that Hon’ble High court of Andhra pradesh pleased to stay all the proceedings pending before this court for the accused no.3 and accused no.4 on 07-July-2010.

  3. It is submitted that in the above matter the Petitioners were asked to appear on this Hon'ble court eventhough there is stay order is pending before the Hon'ble High Court of AP.

  4. It is further submitted that in the above matter Respondent-2 intentionally not receiving the show cause order issued by the Hon'ble High court of A.P. nor filed her objections on the stay order till date, intending to drag the case indefinitely.

  5. It is further submitted that Accused-1 and Accused-2 were attended almost all the trail dates in last six months.

  6. It is further submitted that Accused-1 is physically challenging and working as a teacher in a private school in XXX town for a meagre salary of  Rs 2000/- Per Month to eek out living

  7. It is further submitted that Petitioner-2 is at the aged 55 widow and suffering from deep depression for the ignominy cause by false 498a.


PRAYER:

By taking into consideration of the stay order provided by Hon’ble High court, I humbly pray this Hon’ble court to kindly exempt all the petitioners till the vacation of stay in the Hon’ble High court of Andhra pradesh on behalf of advocate or kindly provide long date of adjournment ,which-soever this Hon’ble court feels just in the interest of justice and equity.


 


 


 

LIST OF DOCUMENTS:

  1. Stay order copy

  2. Salary certificate of Petitioner-1

  3. Medical certificate of Petitioner-1


 

XXXXX                                                                      Petiioners:

24-11-2010                                                                       
                     


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