Presence of respondents for the adjournments - reg

durga (Querist) 14 May 2015 This query is : Resolved
Respondents in the 498-A case so far had not come for any adjournments in court. Only one person (who is also a respondent numbered as A3) is appearing on behalf of all respondents since 2006. In 2013, the respondents moved a petition expressing their inability to come to court and to permit A3 to represent on thier behalf. The same was granted under rule 37 of criminal rules of practice by the Special Judicial First class Magistrate in excise court in 2014. Whether Special Judicial First class Magistrate has got powers to grant such permission? Who is in the next higher hierarchy to be approached for an appeal in this regard? Without the presence of the main accused person i.e. A1 (who is the husband of the petitioner), whether court can conduct the proceedings?

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Yudhish Padman S (Expert) 14 May 2015
Dear Durga,

Special Judicial First Class Magistrate has got powers to grant such permission. The next 'higher hierarchy' to be approached for an appeal (or revision or review, as the case may be) in this regard depends upon the nature of 'order' (which can be assessed by ascertaining the provisions under which, the application praying for the impugned order has been made)

Rajendra K Goyal (Expert) 15 May 2015
Special Judicial First Class Magistrate has got powers to grant such permission.

durga (Querist) 16 May 2015
Dear Experts,

Thank you for the information.

T. Kalaiselvan, Advocate (Expert) 17 May 2015
As a defacto complainant you can move a revision petition before the high court seeking cancellation of the exemption granted by the trial court dispensing the appearance of the accused in the pending criminal case against them, you can consult your lawyer and proceed.

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