Dispense u/s 205 - party in person

Ram Sowrya (Querist) 23 October 2011 This query is : Resolved
A1, charged with 498a. Case 1 year old.

In First appearence Charge sheet taken. Further A2 got interim stay till quash.

Query:
A1 can file a petition [U/s 317 CrPc ] party in personal for dispense till trial starts.
i.e from second appearence ownwards

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ajay sethi (Expert) 23 October 2011
you can make an application for exemption from personal appearance if you have engaged a lawyer to defend you . in the present case you are appearing in person how can exemption be granted from personal appearance ?

Shonee Kapoor (Expert) 23 October 2011
Yes. you can make application.

Acceptance or not is upto courts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

adv. rajeev ( rajoo ) (Expert) 23 October 2011
Personal appearance can be exempted in case of bailable offences. Personal exemption you wont get in 498A

Devajyoti Barman (Expert) 23 October 2011
It depends upon the discretion of the court.

Ram Sowrya (Querist) 23 October 2011
@ Rajeev Sir,

Only in Andhra pradesh 498a is compoundable. In this connection, can i get exemption.

Devajyoti Barman (Expert) 26 October 2011
As already advised it would depend upon the court and not on your wish.
Make a good case in your favour and wait for the decision.

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