498a cpurt date not attend

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
Hi,

I have a 498A case running in trial court and I am on regular bail but the case has not begun as we have a stay from HC which is likely to be vacated in another month and the trial shall begin.

I visit the trial court on each date and take another date as the TC wont proceed unless stay is vacated.

I have to travel for 2 months on a job assignment and in that case I would miss attending one date.

Is there any way I can prevent any action from court for non appearance. Can my lawyer take a date on my behalf there must be some provision as sometimes it may happen that a person is unable to attend a date.

Please Advise.

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Arvind Singh Chauhan (Expert) 25 January 2012
If there is no condition from High court that you would regularly remain present in date fixed in trial court,your counsel may seek exemption for you under under Sec 205 Cr.P.C.

Querist : Anonymous (Querist) 25 January 2012
I just need to be absent on a single date so my question is that can my counsel take a date for me and that would not impact my bail...there are no conditions on bail

Raj Kumar Makkad (Expert) 25 January 2012
Your lawyer may obtain exemption from TC for that day by moving an application. This is not a big issue.

prabhakar singh (Expert) 26 January 2012
Your lawyer can apply for exemption showing reason and that should by all hope should be
allowed.

Shonee Kapoor (Expert) 26 January 2012
Norhing left to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M/s. Y-not legal services (Expert) 27 January 2012
am also agree with experts..

-tom-

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