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vijay   27 January 2017

In 304b & 498a

I am victim of false 304b & 498 a case

  1. Case registered in 2011 (all three accused  in bail) till date statement of PW1 is recorded.
  2. In Nov-16 Judge give order to attend the court to all the accused.  But some how we not read that order properly not attend the court on that date.(out of three one accused is present on that date.)
  3. NBW is issued by Court and we all attend the court. My advocate file recall of NBW.
  4. Judge give the condition to attend next two dates mandatory.
  5.  We fulfill that condition but my lawyers suggest that you all have attend all the hearing till disposal of case.
  6. My mother is 66 year old (also heart patient ) and bother is working in marketing profession.
  7. To attend court my mother and bother has to travel around 700 Kms. (Case is in UP , and they are leaving in MP)
  8. So my question is that it is possible to get exemption for attending dates to my mother and bother as I am leaving in  UP I have no problem to attend hearing.
  9. Any law or any ruiling.


Learning

 3 Replies

Sachin (N.A)     27 January 2017

You need to file application of permanent exemption along with all medical documents.

Pawan S (Advocate)     28 January 2017

Agreed with autohide.

304B is a very serious offence and court generally do not entertain any exemption of the accuse.

It is recommended for all family members to appear the next few dates.

Then  pray under section 317 CRPC for the dispense of personal attendance of your mother & brother in a single petition in the court.

I am certain your mother will get the relief due to her age & illness.

But, the court may not give the relief to your brother, as the reason seems not convincing.

 

Sudhir Kumar, Advocate (Advocate)     29 January 2017

You hve alredy spoiled case by non-attendance.

 

It is not understood how could you presume that all accused are not required to be present. Your advocate is advising you correctly. It may not  be possible to cance NBW each time.

 

The judge if annoyed can also take a view that if they cannot travel 700 Km on each date then why bail is taken.


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