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Mohan (Director)     02 December 2010

Criminal Case - dispense with appearance petition

1) Criminal Case

2) Chargesheet filed

3) Accused is released on unconditional Bail

Is it possible to file 205 Cr.P.C and plead to exempt physical pressence by stating the difficulty in attending the court on day to day basis?

Or any other way to avoid appearance in the court?



Learning

 10 Replies

SALA SATEESH (lawyer)     02 December 2010

Dear Sir, your can file an application under inherent provisions(s.482 of Cr.p.c) for relaxing the conditions after some time. in the mean while you can seek dispensation of your presence at the instance of medical or some other grounds which are reasonable in nature by filing it under s.205 of cr.p.c. Trust it suffice your quer. Regards, s.Sateesh mail:sateesh_1974@rediff.com

ishaq mohd (advocate)     02 December 2010

the court have power to dispence with appearance of accused if there is no dispute of identification .so  once charge is framed then under s.205 cr.p.c. it can be exempted

DEEPAK ASSOCIATES (08010117611)     02 December 2010

yes, but the circumstances should be valid

s.subramanian (senior partner)     03 December 2010

You proceed under Sec.205

P.K.Haridasan (Advocate)     03 December 2010

It is easier and better to proceed under section 205 of cr.p.c.


(Guest)

in your case no summons were issued for  appearance of accused.  If summons issued you have to appear on the first hearing  and file petition u/s 205 of Cr.P.C.with reasons,  Any how you to appear before the criminal court minimum three  hearings compulsorily

Dineshwar Singh Kaushik (Advocate)     04 December 2010

In your case you can only proceed u/s 205 cr.p.c.

Mohan (Director)     05 December 2010

 

Tx all for the reply. Accused has appeared in the court for few times, first to get bail and on further occasions as well. 

 

Later on accused couldn't appear in the court due to genuine problems so court issued NBW which was recalled later on. 

 

Now the lawyer is hesitant in filing Cr.P.C 205 saying that there have been no hearings, no witnesses heard etc.

 

It is obvious that lawyer doesn't want to proceed with 205 as he will loose money? Or does he have any genuine reason for not filing 205?

jothimani (clerk)     26 November 2011

dear sir,

 

  wanted in bangalore high court Cr.L.P 4231/2011, petition copy and all other related petitions send my mail id

 

jothimani,

Tirupur

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2011

Only a person from that court/ parties to the suit can help you get the petition copy.

 

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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