Balaji (Self) 11 February 2014

Sec 205 crpc petition:urgent

Hi,My wife filed 49a DP 3 & 4 on me only. I want to file "application Sec 205 CrPC Petition" to get exemption under 498a DP 3&4 for me because in office am not getting leaves and 900kms distance for me to travel.I have attended first hearing for appearence and second hearing for appearance I have next week. Chargesheet not yet filed and release on regular bail. I want to know :

1) 1) Shall I go this week and file application for exemption? ,for that whether I need to appear at magistrate and application will be disposed on same day ? or Is there any particular time to file ? Please advise

2) 2) Is it possible to attend my father in law on behalf me or advocate only needs to appear? If I get exemption.

3) 3) If advocate not appear in court after getting exemption what will happen?

4) 4)Kindly give the format of application to be filed before magistrate for exemption from personal attendance by the respondent .

Thanks for quick response.

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5 Replies

Shantilal Pandya ( Advocate) 11 February 2014

Exemption application can be filed at any stage of the proceedings, you should engage a lawyer to represent you in your absence in the court, the application can be decided on the same day ,even if it is not so decided it can be decided on some other day even in your absence but in the presence of your lawyer.

Balaji (Self) 11 February 2014

Hi,Thanks for quick response.

Pls advise me on below questions.

1) Shall I go this week and file application for exemption? ,for that whether I need to appear at magistrate court for excemption?

2) I2) Is it possible to attend my father in law on behalf me or advocate only needs to appear? If I get exemption.

3) 3) If advocate not appear in court after getting exemption what will happen?

Thanks ...

amit jhaveri (managing partner) 11 February 2014

Hello:

We will be happy to help you with your problem in a cost effective time bound manner. please get in touch with by logging onto www.universallawassociates.in and going to the contact us section.

Not only will you need to file an exemption application but also fight the case and get aquitted for which you will need a lawyer.

Thanks

ULA Team