Exemption in 498a case

FILE A PETITION UNDER 205 OF CR.P.C. STATING D REASONS 

Section 205 Of Cr.P.C.Magistrate may dispense with personal attendance of accused. File it.

Exemption from personal appearence of certain dates can be allowed by the trail court but not at the time when charges are framed against the accused or his statement u/s 313 Cr.P.C is to be recorded.

File an application under the relevant provisions of the law. 205 of Crpc is not the correct provision as that provision is applicable only at the time when the magistrate is issuing the summons and not subsequently. The correct provision would be 317 Crpc.

Anyway, ask your lawyer to argue the issue of your persona;l apperance diligently and im sure the kjudge shall be convinced.

Originally posted by : Augustine Chatterjee
	File an application under the relevant provisions of the law. 205 of Crpc is not the correct provision as that provision is applicable only at the time when the magistrate is issuing the summons and not subsequently. The correct provision would be 317 Crpc. Anyway, ask your lawyer to argue the issue of your persona;l apperance diligently and im sure the kjudge shall be convinced.

 

This is correct!  

 

205 CrPC has demerits to dispense with personal appearance permanently of an accused while examination u/s 311 CrPC. Please make petition U/S 317 CrPC to obtain this. You can be represented by a pleader (Not necessarily an advocate) to whom you have given power. 

 

Please see my profile links for sample petitions and other clues, FAQs. 

During the stage of 313 crpc , personal appearance of the accused is not mandatory . See the judgement on basavaraj Patil vs state . Thanks for the consent , mr smith .