138 N.I. dispense of accused for attendence

padmarao (Querist) 24 July 2010 This query is : Resolved
Namaste Sir,
In summons case 205Cr.pc says accused may be dispensed from personal appearence.but the court is insisting atleast for appearence for one time.I request you to clarify.my object is how to avoid the presence of accused by filing Spl.vakalath.this is 138 N.I. case.Are there any citations.The accused attended earlier before court twice when magistrate was on leave.
regards
padmarao

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DEFENSE ADVOCATE.-firmaction@g (Expert) 24 July 2010
You have also sent this query on my website, please give more details. If actual problem pl give place and court.

s.subramanian (Expert) 24 July 2010
the court has discretion to direct the personal appearance of the accused. we seek the indulgence of the court only under sec.205. there is no point in the accused appearing in court when the magistrate is on leave. it depends upon the discretion of the court.

Guest (Expert) 24 July 2010
YOU MAY SUBMIT AN APPLICATION FOR EXEMPTION OF ACCUSED AND MENTION SOME REASONS WHICH ARE ACCEPTABLE TO COURT .
IN CASE ACCUSED IS OLD PERSON AND IS SICK,COURT MAY ALLOW EXPEMPTION PLEASE NOTE.BUT PRODUCE DOCUMENTARY EVIDENCE.
GOOD LUCK.

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