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Deepak (Agent)     23 August 2013

Request for guidence

Respected Expert Date Dt. 23/08/2013 I required guidance in following matter. The Session Court passed following order i.e. 1) The original Accused no. 2 discharged for the offences under section 498(a) 506, r/w 34 IPC, 2) Inform trial court accordingly. Please inform is it mandatory to appear accused no. 2 in trial court to submit the said order? Or Advocate who on record can submit the attested copy of the Session Court on behalf A.No2 ? Waiting for early reply. With warm regards. Deepak


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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2013

Advocate can submit the certified copy of the order before the trial court.

Deepak (Agent)     23 August 2013

Respected Rajeev  jee                   Date 23/8/13

Thanks for guidence and early reply.

with warm regards

deepak

Deepak (Agent)     12 September 2013

Respected Shri Rajeev Jee,            Date Dt. 12/09/2013

With reference to my quarry dated 23/08/13 and your reply thereon.

During the hearing at Trial Court we had reached late due to traveling, but after lunch we had mentioned the matter and requested for cancellation of warrant and try to submit the Hon'ble Session Court Order, but Trial Court Judge not convey with order because he said they had not received the said order and he had already passed the order for warrant. Next date of hearing will be 24th December,13.

Now, I required guidance in this regards,

1) One of accused is my mother, she is senior citizen and under going medical treatment  (i.e.cancer chemotherapy and radiation and then after hormones treatment and advised  not go any public places  because possibility of inspection ) we had show related case paper (Trial Court Judge also not agreed for the exemption for appearance.) It will be not possible to take my mother in trail court on 24/12/13.

2)What is remedy available for us to get cancelled the warrant and get exemption for appearance for my mother.

3) It is necessary for accused no. 2 to appear in Trial Court who have been discharged for the offences under section 498(a) 506, r/w 34 IPC,(Oder dated 9th May,13) due non submitting order by Session Court office.

4)It is not mandatory for Trial Court to follows Session Court Order.

5) it is mandatory for us to submit Trial Court order to getting name deleted from case.

6)whether we can approached to Session Court again for the same.

waiting for reply.

thanking you,

Deepak


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