Personal exemption to appear in criminal court
yogesh
(Querist) 24 February 2013
This query is : Resolved
My family and I has been implicated in 498-A/406 casea and after getting the regular bail, I fled the petition under 482 CrPC for quashing of FIR and subsequent proceedings which has been duly admitted and also put a stay on trail court proceedings which is pending before the High Court
On the basis of order trail court has put stay on proceedings but gives date for hearing on which we have to appear
In the petition, I am only the sole petitioner and rest of the family members are not pleaded as parties
Now my father is sick above 70 years old and how I can seek perosnal exemption for him as he is not the party of the case?
Advocate M.Bhadra
(Expert) 24 February 2013
File a petition u/sec.205 Cr.P.C in trial court on behalf of your father or file a petition u/sec.317 Cr.P.C. in the same Court.
yogesh
(Querist) 24 February 2013
Thanks for reply, since the matter is stayed by High Court, whether its appropriate to move application under section 205 CrPC before the Ld Magitrate?
Cannot we move application before H.C by filing criminal miscellaneous petition?..Since my father is not co petitioner of the case, how this technicality can be enforced?
Devajyoti Barman
(Expert) 24 February 2013
When the trial i stayed b high court , why are you so bothered?
yogesh
(Querist) 25 February 2013
Even during the stay, the court gives us date and we have to appear perosnally with advocate
ajay sethi
(Expert) 25 February 2013
your advocate can appear and make application for exemeption from personal appearnce . court will grant exemption as proceedings stayed by HC
R.K Nanda
(Expert) 25 February 2013
no more to add.
