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eswar kumar (des)     10 November 2014

498a examination date postpone

HI All,

in 498a, total 6 memebers are accused. we used to go 300km to atttend the court. tomarrow is examination date. is it mandatory to go all. one of the accused health is not good and serious.so, I am (A1) thinking that i only will go to court and file petition for  rest of all.postpone the examination date to next date.but we all will go next date. will judge agree with that. my lawyer is saying that not possible and for examinaiton all presence is must.



Learning

 2 Replies

AS   10 November 2014

You all should go.

But file a application for remaining people ,( except A1) for permanent exception from apperence.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2014

Exemption can be filed for accused who are indisposed and not well. Take along the medical from Registered Medical Practitioner.

 

Your lawyer is right; in criminal trials unless presence is exempted by an order; the presence of all accused is a must.

 

Regards,

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