Exemption from court date
Jaagruk Nagrik
(Querist) 19 August 2012
This query is : Resolved
Hi, my family is facing 498a charges and we had our first date in April, when i(primary accused) personally appeared and submiited an application for absence for my father and brother on medical grounds. Now, next dateis coming up on 27th August and one more time we want to get the date extended as quash has already been filed in HC but has not come up for hearing. Can experts please give me grounds to file for absense again for co-accused while i can personally remain present. Co-accused stay in a different city
adv. rajeev ( rajoo )
(Expert) 19 August 2012
You can give the good reasons for their absency and can file exemption application u/s 317 of Cr.P.C. You can take the suggestion of your advocate.
Tarun Thakur
(Expert) 19 August 2012
if the charges have been framed and the case is put up for prosecution evidence and the evidence are available in court, the Court will be reluctant to grant exemption of accused. The presence of accused is required at the time of recording prosecution evidence.
if the accused have some genuine problem , they can move application under section 205 of the Cr.P.C for the grant of exemption.
Generally the court is liberal in granting exemption from appearance on showing reasonable cause
Jaagruk Nagrik
(Querist) 19 August 2012
Thanks Rajeev ji and Tarun ji. No, the charges have not yet ben framed, as i said, on 1st date i took another date and this will be the second date. No proceedings have started
venkatesh Rao
(Expert) 19 August 2012
as per the facts, you are not claiming on medical grounds again. Legally and factually speaking, they have no valid grounds to get exemption
Jaagruk Nagrik
(Querist) 19 August 2012
Venkatesh ji, i infact am asking for valid grounds which can include medical as well, unless some proof from a govt hospital is required ! coz on 1st date, a simple application bearing medical grounds worked
Devajyoti Barman
(Expert) 19 August 2012
You can seek exemption u/s 317 or 205 of CRPC DEPENDING UPON THE DISCRETION OF THE COURT.
venkatesh Rao
(Expert) 21 August 2012
Factual aspects are within your reach, what the law says can be expressed in this forum.
