Dispense with personal appearance

Querist : Anonymous (Querist) 03 March 2010 This query is : Resolved
Ld counsels,

I have a criminal case under trail. Can I get dispensation with personal appreance sicne my job requires travel.

Are there any onther reason of excuses for accused to be dispensed with persoan appearance.

Please clarify
Thanks.

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adv. rajeev ( rajoo ) (Expert) 03 March 2010
Yes u will have to file an application in the court seeking permanent exemption from appearing.

Sukhija (Expert) 03 March 2010
Yes, ur adv shd remain present on the dates of hearing and go on with the matter in ur absence,till further orders.

PJANARDHANA REDDY (Expert) 03 March 2010
Cr.P.C 205 allows for dispense of personal appearance. But trail courts very reluctant to grant the same in serious offences.
But in N.I act, other small crimes upto 2years punishment High Court are permitting the above relief in Quash Petition U/S 482 of Cr.P.C very liberally.

Guest (Expert) 03 March 2010
Criminal Procedure Code

Section 317. Provision for inquiries and trial being held in the absence of accused in certain cases

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

your Advocate can file application under section 317 crpc. for exemption fr appearing. In Urdu its called " HAJRI MAAFI".