Limits for seeking exemption
salman merchant
(Querist) 05 June 2014
This query is : Resolved
respected,
how many number of times & upon what pretext/reason can a accused seek exemption for appearance through his advocate.
what would be the implications upon the trial ; if it is found that the reason mentioned were false ?
what if the complainant has knowledge about the reason behind his absence. and has not been objecting about it ?
isn't the complainant intent questionable under law ?
Lawyer SALEEMA KABEER
(Expert) 07 June 2014
It is subject to the discretion of Court concerned.
However, if the reason adduced in the exemption petition is not acceptable one, even at the first time itself such kind of petition can be dismissed.
No doubt, the opposite party has every right to object the application and insist the court to dismiss if any vague or false petition is filed by abusing process of law.
Hemant Agarwal
(Expert) 07 June 2014
1. Granting repeated /permanent "exemption from personal appearance", is the sole discretion of the Magistrate (u/s 205 CrPC) without any reference to the objection of the opposite party, subject to appropriate justification /documentation submitted by the Applicant (for exemption).
2. IF the justification /documentation submitted by the Applicant (for exemption), can be documentarily be proved to be false or fabricated, THEN the opposite party has to initiate separate prosecution against the Applicant.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Biswanath Roy
(Expert) 07 June 2014
LAW IS SUCH A SWORD WHOSE BOTH SIDES ARE SHARPENED.
Raj Kumar Makkad
(Expert) 08 June 2014
One cannot take benefits of his own wrongs. Law should not be taken as fore granted.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
In my opinion too, it is purely a matter of discretion of the court, generally the other side advocate will not seriously raise the issue before the court until and unless pressure from his client.
