Prakash m 01 January 2020

can we skip appearance of accused

Hi I have fixed in a case and now I have received a sommons to attend to court after the case committed to sessions court in Bangalore.. as I am staying out of country can I skip this hearing and what can I do to skip this hearing and ask for exemptions as I am staying abroad..
it's very much difficult to attend hearing often can I get exemption easily as I am working outside country or its difficult to get exemption and do I need to attend all the hearing

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5 Replies

Dr J C Vashista (Advocate) 02 January 2020

What is your locus standi ? You are complainant or accused or any other ?

If complainant or otherwise also, you are required to engage a local prudent lawyer. if you are out of country

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/documents, professional guidance and proceeding.

P. Venu (Advocate) 02 January 2020

Your advocate can apply; but not more than a couple of times. The Court can issue Warrant and get you apprehended. The Court can even declare you absconding and have you property attached.

More over, this is a Sessions matter; the offences charged ought to be grave. As such your personal inconvenience is irrevelent.

Prakash m 02 January 2020

like what he can apply on what basis.. and every time can he apply when they give us the date

G.L.N. Prasad (Retired employee.) 02 January 2020

Do not assume/learn this at this critical juncture, and contact your advocate for due guidance, based on the above guidance given by experts.

T. Kalaiselvan, Advocate (Advocate) 16 January 2020

You may have to appear before the court for the first hearing and submit an application through your lawyer under section 205 Cr.p.c. to dispense with your personal appearance owing to the reasons that you rely upon.

It is the discretion to allow or reject your application in this regard.