Exemption from appearance in the criminal cases
Querist :
Anonymous
(Querist) 01 October 2010
This query is : Resolved
Sir, My friend is a central government employee and he is facing a case under PC Act 1988 under sec 7 & Sec 13 etc for alleged demand and acceptance of bribe. The case is running in Madurai (Tamilnadu) Court and he belongs to Haryana.
Now the specific querry is, whether, he can get relief from honourable court, to get exemption from appearing in court on regular dates, and instead his advocate can appear on his behalf??
Secondly, can he file petition for transfer of case, in his home town. since CBI court are available in all the states. and more over, the Tamil language is not known to my friend.
He is A1 in the case and there is another A2 also in case.
Please advise in details..
Thanks and Regards
Arvind Singh Chauhan
(Expert) 01 October 2010
1- Yes.
2- Yes.
3- He can pray to High court for transfer but if the co accused is also ready.
s.subramanian
(Expert) 01 October 2010
Ordering exemption from appearance is purely the discretion of the court.
Transfer cannot be sought and the same will not be ordered by the Supreme Court,which alone is competent to order the transfer, just for the convenience of the accused. If the witnesses are in Madurai,transfer will not be ordered at all.
It is open to your friend to seek translated version of all the papers in the language known to him. The law provides for it.
s.subramanian
(Expert) 01 October 2010
Since what is sought is Inter state Transfer,neither the Madras High court nor the Punjab and Haryana High court has jurisdiction. Hence you have try only before the Supreme court of India.
Querist :
Anonymous
(Querist) 02 October 2010
Thanks to all of you for your kind and informative reply.
Regards
Querist :
Anonymous
(Querist) 02 October 2010
Since the language used in Madurai is Tamil, which is not known by my friend. so whether the statement of prosecution witness (in court) and the cross examinations points, can be asked in translated copy by the accused??
It is required in order to prepare defence. Please reply.
Second point, is, exemption from personal appearance is based on fact that accused has to travel from Haryana to Madurai on each date, causing huge financial and personal disadvatange to him. my question here is that can request be filed in same court or we have to go to Madras highcourt.
