Exemption from personal attendance
S.B.adil rahman
(Querist) 20 April 2018
This query is : Resolved
I am confused so this question. Whether for exemption of husband from appearing personally to face the proceedings under section 125 Cr.PC before the Magistrate in Kolkata (after traveling from Lucknow where he works) , application to the Magistrate should be filed u/s 205 Cr.PC or u/s 126(2) Cr.PC. Kindly guide as to which one would be better?
Ms.Usha Kapoor
(Expert) 21 April 2018
For attending CR.P.C 125 Proceedings the Husband can seek exemption from personal appearance from the court in Kolcutta u/s 126(2) CR.P.C and not U/S 205 CR.P.C
Court summoned or issue warrant in this case? Whenever a magistrate issue a summons, he may , if he sees reason so to do , dispense with personal attendance of the accused & permit him to appear by his pleader. Magistrate can exempt from personal attendance of the accused even where warrant was issue subsequently after the issue of summons. Law of dispensing depends upon the attending facts & circumstances. Magistrate have wide discretionary power in this regard.
N.K.Assumi
(Expert) 21 April 2018
With due respect to the view of expert Usha, I am of the opinion that the person proceeded against under section 125 CrPc is not an accused person and section 205 CrPc is not the appropriate section for ex parte proceedings and it is 126 that will apply. This is indicated in section 126 (2) CrPc for dispensing with the person against whom a proceedings is initiated under 125 CrPc..
S.B.adil rahman
(Querist) 21 April 2018
Yes, thank you Asumi sahib, Sir, I have found at many places that 126(2) Cr.PC is the proper section for submitting the application though there is general tendency to apply under 205 Cr.PC.
Ms.Usha Kapoor
(Expert) 21 April 2018
Thanks for enlightenment on the correct section. Assumi Sir.
S.B.adil rahman
(Querist) 21 April 2018
Usha didi, I also liked your sincere consideration and your promptness in answer. Thanks
