Permanent exemption from appearance
BRIGADIER RM SHARMA
(Querist) 10 June 2014
This query is : Resolved
Dear Experts,
My friend is an accused in a case u/s 324/506 IPC. It actually is a frivolous case filed about 5 years ago. So far chief & cross of complainant & IO only has been conducted.
My friend is in Merchant Navy & has to travel extensively. For every hearing he has to make special arrangements to be present & on most hearings no witnesses appear; thus causing harassment & financial loss also.
Can he be exempted from personal appearance at this stage of the trial?
What would be the Court's reaction on such application?
Devajyoti Barman
(Expert) 10 June 2014
Yes, his appearance till his evidence is done can be exempted if the court allows an application to be filed on his behalf u/s 205 of crpc.
Under the given circumstances the court is likely to allow such application.
V R SHROFF
(Expert) 10 June 2014
HE WILL GET EXEMPTION U/S 205
Rajendra K Goyal
(Expert) 11 June 2014
He shold apply, if court agrees he may get exemption.
Rajendra K Goyal
(Expert) 11 June 2014
He shold apply, if court agrees he may get exemption.
Nadeem Qureshi
(Expert) 11 June 2014
Section 205 of Cr.P.C is related to exemption file an application before the court u/s 205 of Cr.P.C and after satisfaction, the court may allowed this application and exempt the personal appearance.
ajay sethi
(Expert) 11 June 2014
agree with experts
R.K Nanda
(Expert) 11 June 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
Yes he can be represented through his counsel while he can get his personal appearance dispensed by filing a petition u/s 205 Cr.P.C.
