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Venkatesh N (Salaried)     07 January 2014

Can i give poa to my lawyer or family member in 498a and 125

Hi,

I'm out on bail in 498a case and 125 running simultaneously. Would court except my request of exemption from appearance due to work if I give POA to my lawyer or a family member to appear in both 498a and 125 cases? If not what alternatives do I have? Thanks.



Learning

 10 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     07 January 2014

Dear Venkatesh,

Both are criminal cases not civil case, you have to seek exemption from appearance in court by filing application under section 205 Cr.P.C. your advocate would draft it for you.

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants 

www.bhasinlegalconsultants.com

9811210505

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 February 2014

agreed vid the reply of Mr. Bhasin


(Guest)

hi there 

 

can anyone advice me about permanent exemption in 498a . case filed in Oct.2013 trial not started yet. I am living abroad. I am PR of other country . I do not want to west my time in court proceeding. hardly got my passport back and court given 3 month to come back ,i went back and gave me another 7 month . now i need permanent exemption. Can anyone please advice me how to get exemption till case closed.

any advice will be appreciated.

 


(Guest)

hi there 

 

can anyone advice me about permanent exemption in 498a . case filed in Oct.2013 trial not started yet. I am living abroad. I am PR of other country . I do not want to west my time in court proceeding. hardly got my passport back and court given 3 month to come back ,i went back and gave me another 7 month . now i need permanent exemption. Can anyone please advice me how to get exemption till case closed.

any advice will be appreciated.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

@ Hilton,

 

Stay abroad. Please don't come. If you come then you will face lot of problem. Sack your lawyer from your case. Let her do whatever she can. They can not bring you.

 

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 August 2014

You may file for permanent exemption in trial court, and if denied you could move right upto HC for getting the same.

 

The court may grant you exemption after framing of charges till the evidence is closed in the case.

 

Same has to be filed u/s 205 CrPC.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

(Guest)

Sir ,

they file FIR after 4 days of my  landing in India , I even visited her home and stay a night with her . I got my  passport taken by court then release after put deposit  Rs.100000 , I got permission for 3 months and I came back and again i got 7 month permission. but now i do not want to go .The charge sheet filed by police there is nothing in charge sheet except our statement .

Is it possible to have permanent exemption without me  ? before which court lower court or high court ?

Do I get exemption for whole case or till trial start ? I want exemption in whole case I do not want to face trial as it false case. 

If I did anything wrong then Why would I visit her house and stay night with her .

They want me to stay in India but I have bank loan and my whole family here.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Please go to High Court and apply of Speedy Trial on priority. You have to face the trial and get out of it. This is the best way. Make your petition in-person (Without Advocate) in HC. All sample petitions and other clues are their in my said links. Please do not thing for any "Shortcut" process on this.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

@Vankatesh, no need to worry, file an application through your lawyer for permanent exemption from personal appearance u/s 205 of Cr.P.C. for 498A, execute a POA in favour of any family members or your counsel regarding 125 of Cr.P.C case.

(Guest)

All Experts thank you for your valuable advice.

You all are doing great work I really  feel that humanity is not die yet.

I explain small part of my story as it too long for here and no one read it. so asking where needed.

They asking for 75 lac. and I don't have that ,even if i have it , I would not give them a penny ,I rather give it to charity.


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