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Rashi (vv)     07 November 2009

application for ezemption from personal attendance

kindly give the format of application to be filed before magistrate for ezemption from personal attendance by the respondent .



Learning

 5 Replies

G V S Jagannadha Rao (-)     08 November 2009

An application for exemption from personal attendance has to be made u/s 205 Cr. P. C. It can be made after entering appearance in the case either personally or through an advocate. An advocate has to be appointed by the Accused to represent him ( to appear in Court on behalf of the Accused). This is a condition precedent for exemption. Various High Courts and the Hon'ble Supreme Court has said that the petition for exemption shoudl be considered and granted liberally. So far as offence u/s 138 NI Act is concerned there are judgements of SC of 2000 and 2005 to this effect.

The Accused must give an undertaking that he shall not dispute his identity in the case, that his counsel would represent him for every adjournment and that he would abide by the answers given by his advocate.

G V S Jagannadha Rao,

Advocate (gvsjrao@yahoo.com)

 

 


Attached File : 50 50 205 petition.doc downloaded: 337 times
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Rashi (vv)     08 November 2009

thanks sir .

My brother is respondent in crpc 125 case . It will be first appearance in court after getting summons . He has to appear before high court personally in another case and therefore unable to appear before magistrate himself . He wants ezemption from appearing before magistrate for one first date only . Is ezemption necessary for him or there is some other remedy too ?

Can I attend the court on his behalf ? I am not an advocate .

please help .

G V S Jagannadha Rao (-)     08 November 2009

1. You cannot represent your brother in the case. Only an Advocate can represent an accused u/s. 205 Cr. P. C.

2. A case under Section 125 Cr. P. C is only for seeking maintenanace by a wife, parents or  children.

3. Your brother can file an application u/s 317 Cr. P. C. giving reasons that he is required to aplear before another court. Alternatively, such application can also be filed in the other court stating that he is required to appear in the case u/s. 125 Cr. P.C.


Attached File : 34 34 petition.doc downloaded: 257 times
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Ziaul Haque Ansari (Advocate)     08 November 2009

case u/s 125 being quasi civil in nature one dose not need to personally appear on the first date but he has to be represented through a lawyer

Ziaul Haque Ansari (Advocate)     08 November 2009

case u/s 125 being quasi civil in nature one dose not need to personally appear on the first date but he has to be represented through a lawyer


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