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PWDVA

Guest (Querist) 23 August 2009 This query is : Resolved 
In case u/s 12 of PWDVA there are three accused. the Husband his sister and sister's husband.
Under what section an application for exemption from personal appearence shall be filed and before which court? The Ld. 1ST CLASS JM where the case is pending or CJM ?
Bhumik Dave (Expert) 24 August 2009
Application filed in same court when case is pending
AEJAZ AHMED (Expert) 24 August 2009
Dear Jewel,

Accused can file an application U/S. 205 of Cr.P.C, for Exemption of Personal Appearance before the Court in the concerned case.

Accused has to move this Application before the same Magistrate, where the Criminal case is pending.

Section 205 of Cr.P.C.
Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of' the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

You can find Our learned Friend's replies as earlier posted on different qurries at following address:

http://www.lawyersclubindia.com/forum/message_display.asp?quote=11142&group_id=2510

http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=22176
Guest (Expert) 24 August 2009
Yes. I agree with my learned friends replies. But, I would like to add that in PWDVA, women cannot be respondents. You can ask the court to strike sister's name.
Guest (Querist) 25 August 2009
URGENT URGENT
Attn: Prabhakar
Dear Prabhakar whether there is any case law?
as the Proviso of Section 2 (q) clearly says that wife may file a complaint againsat the relatives of husband.
Other seniors please opine....


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