Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
my grand father is 78 year old & suffering from serious heart diases. he is accuse no. 2 in a case of 420,468 in esplanade court.till feb 2011 he attended all date regularly but because of heart problem he was not attended last 3 dates , our advocate was applied for exemption but now court issued warrant against him . next date is in feb 2011 so what to do now! & what is the process of cancel warrant
V R SHROFF
(Expert) 24 December 2011
APPLY U/S 205 FOR Permanent Exemption. Meanwhile produce Sick Certificate, Age Proof, and inability to appear in person. and apply to cancel Warrant.
prabhakar singh
(Expert) 24 December 2011
agree with Mr.Shroff.
Shonee Kapoor
(Expert) 24 December 2011
Agreed with Ld. Mr. Shroff,
If this court doesnot grant permanent exemption, higher court would.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Dayananda Gowda
(Expert) 24 December 2011
I am not agree with the experts. Your grandfather has to file application under 70(2) of Criminal procedure code through his advocate and it is necessary to produce the doctor certificate along with the application. After the recalling Warrant issued against him, there after he may file application under 205 seeking the permanent exception. without recalling warrant the court can not permit for permanent excretion.
Devajyoti Barman
(Expert) 28 December 2011
Since warrant is already issued section 205 would not help. Challenge the order of issuance of warrant in the higher court on the ground stated by you. The case has good marit for success.
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