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SSP (XYZ)     27 June 2014

Exemtion from personal attendance in 498a

Hi all,

my 498a case is running in Andhra Pradesh.

We are 5 members accused in my 498a case. Charges has been framed on jan-2014 and trail started.
due to petitioner improper attendance, sofar we could finish only her chief examination. Soon we are going do her cross examination. Now my question is can i ask judge that one person ( my father_a2) will attend to court behalf of all accuseds till petitioner and witness cross finished. Since My self and my brother staying 300 kms far from the court and my grand father is 90 years old, It is very difficult to us to attend all of us every week. And petitioners wantedly delaying the case. So can i ask exemption and ask A2 will attend behalf us untill court need our physical presence.
 
Is there any section which i can use. Please let me know is it possible to get such order from high court?
If anyone knows pls let me know under which section.
 
it is very urgent.. pls experts help me..
thanks
 


Learning

 4 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2014

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Laxmi Kant Joshi (Advocate )     28 June 2014

Yes move an application u/s 205 crpc in the same court with affidavit and request the court for exemption from court hearing as you both are in a private job and your grandfather is to old , on behalf of yours , your father will attend the court hearing as and when the court needs their presence they will present in the court , on these ground court may give exemption to you all .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 June 2014

Dear Querist

\file an application for exemption u/s 205 of Cr.P.C before court.

SSP (XYZ)     28 June 2014

Hi Sirs thanks for your replies. Here the problem is i stated in the same court a month ago, in my crpc 125 cross examination, that due to i am dealing with 4 false criminal cases and needs to attend different courts frequently,, i loose my job and i am unable to find job. For the time being i am learning one software course in a city which i 300 kms far from my place. Here the real fct is i am dealing 4 false cases is correct and doing software course is wrong. I cannot go beyond my statement which i said in my crpc 125 cross. So if i file U/s 205 for exemption from personal appearance, which ground can i use? Is there any evidience that i have to submitt along wih 205? Or can i approch high court and file 205 asking to grant exemption? thanks for your valuable Suggestions.

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