Bigamy (ipc 494, 109, 417, 34) against wife by 2nd husband

bhai what is this sec11 ?? can u pls reply amit

thanks a lot Amit

Nadeem ji, thanx for what ?

actually i should be thankful to u all for ur guidance from time to time !!

@amit,

your reply to the personal exemtion application filed by A.1 ( probably wife) and A.2 shall have two parts, the first being preliminary objections and the second being "reply on merits".  In the preliminary objections part you dwelve upon the purpose of accused to be present in criminal proceedings as laid down in cr.p.c. and similar objections on those lines.  In second part, you deny their averments mentioned in their application parawise and submit that they are habitual in breaking the laws of land,citing the mutually incriminating cases filed by them against each other and also their disrespect towards the law and the likelihood of jumping the law in th event of proceedings turn against them.  F.Y.I. permanent personal exemptions are not given by the courts except in the case of VVIPs like Ministers, film stars etc. who cannot attend court regularly due to their preoccupation and also if their presence hamper the  court proceedings due to their popularity.  The courts may given exemption for a particular date and that benefit cannot be extended perpetually to accused.  So, you need not worry on that court and their application will be dismissed.  Most importantly, as the narration of the facts, it appears pre-summon evidence was over and summons are issued to the accused.  As you have to produce the witnesses, their examination-in-chief and their cross examination shall be done in the presence of the accused, in the fairness of justice.

By the way, I really wonder that when you asked a particular practical question one day back appearing as party in person, why eveready chattering and ponderous  members of this forum have not responded till now.  It demonstrates that their inadequacies in law and having not an iota of practical legal  knowledge.  They are spared from the clutches of law for their illegal advises (one of them is saying that a extra marital relationship between the husband and divorcee attracts Section 497 IPC, O God, save the advise seekers) because there is no law to apprehend the quacks in legal field. 

In the preliminary objections part you dwelve upon the purpose of accused to be present in criminal proceedings as laid down in cr.p.c. and similar objections on those lines. 

experts, kindly throw some light on this aspect.

what to SAY about need of presence of accused ? how to raise objection ?

In second part, you deny their averments mentioned in their application parawise and submit that they are habitual in breaking the laws of land,citing the mutually incriminating cases filed by them against each other and also their disrespect towards the law and the likelihood of jumping the law in th event of proceedings turn against them.

this second part is cool.

A1 lied 3 times in sec. 11 case - i have documentary evidences.

A1 gave false date in CAW cell & her FIR - on that particular date, she was present on her Government job, 400 kms from my home

also there are other plausible fallacies in their exemption application, which i can prove with evidences.

Chandu ji, 

thank you for the nice elaboration.

other members might be busy, so i didnt get reply.

its only because of LCI, a engineer - publisher like me, who didnt have an iota of legal knowledge is at this stage today, just within 14 months of desertion by wife.

once again Thanks LCI and all members.

Most importantly, as the narration of the facts, it appears pre-summon evidence was over and summons are issued to the accused.  As you have to produce the witnesses, their examination-in-chief and their cross examination shall be done in the presence of the accused, in the fairness of justice.

rightly said.

day 1 was filing of complaint

day 2 was verification

day 3 + 4 admission arguments of myself.

day 5 - order

then summons were issued and not served

since then i m getting summons reissued

then BW

then NBW

3 out of 7 accused have appeared till now

A1 is my Void Wife.

Appropos, first querry:  The criminal law, unlike civil law, intends that the accused must appear in the court when complainant/prosecution leads its evidence and also when proceedings go on, so that equity, justice and fairness be provided to the accused.  Voluntary cessation by the accused of this holistic right vested with the accused is normally acceptable to the court.  As our criminal justice is accused centric, courts do not want to conduct any proceedings in his absence as ultimately after conviction the accused has to face incarceration.  Mere inconvenience cannot  be a ground for the accused to seek permanent exemption.

Regarding the last para, it is not directed against you, but some other members, who untiringly pick up my responses with the sole aim of criticising them. 

Regarding the last para, it is not directed against you, but some other members, who untiringly pick up my responses with the sole aim of criticising them. 

chalta hai !

ignorance is an art - even I had to work hard to learn it !

successfully conducted 20 dates of this case Party-In-Person.

CrPC. 340 as well as Bail Cancellation applications filed by me against all the 7 accused persons

thanx all the learned members for helping time-to-time.