Criminal case under trial


Hello

A person has lodged a GR complain against me, that I have taken money from him to provide him with a job. But that is completely false. Neither I have committed any such job nor I have taken any money. The case is under trail at Second court since last 2 years and witness phase is going on. I was present at every session of the court since last 2 years. May be the case will last longer. Now I am pregnant. I will be unable to attend the witness sessions of the court in coming days.  What will happen then? Will my absence can have a negative impact on the case against me?

 
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Your Lawyer can very well represent the court on your behalf. You need not worry. 

 
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But my lawyer is saying that, " You have to present in the court at every date. " I think he has got corrupted by the opponent party. 

 
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Legal Enthusiast

hello,

its not always necessary for either of the parties to be present in the court until court directs.

 
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Advisory/Advocacy

Hi 

 

This is what you need to do under Section 205 of the Code of Criminal Procedure

(filled in with your details)

 

 

IN THE COURT OF …………..………………………….METROPOLITAN MAGISTRATE, PUNECRIMINAL COMPLAINT NO. _______OF 2011

IN THE MATTER OF:

Mr. ………………                                                                                                                                                                   …….COMPLAINANT

VERSUS 

State and XYZ                                                                                                                                                                  . .……ACCUSED

APPLICATION FOR EXEMPTION OF THE PERSONAL APPEARANCE OF THE COMPLAINANT/ACCUSED

MOST RESPECTFULLY-

1.  That the above-mentioned matter is pending before this Hon’ble Court and is listed   for today.

2. That the Complainant is busy in some inevitable administrative work. Thus unable to appear before this Hon’ble’ court today.

3. That the absence of the applicant is neither intentional nor deliberate, but due to the bonafide reason mentioned above.

PRAYER: -
It is, hence, most respectfully prayed that this Hon’ble Court may be pleased to exempt the Complainant from the personal appearance for today only in the interest of justice, through counsel.
COMPLAINANT
THROUGH

COUNSEL
Place  : Pune

Dated : ………, 2011

 

 

How do you abbreviate GR?

 

 

 

Regards

Chetan Joshi


Total likes : 1 times

 
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GR means Government registered. 

Since Im pregnant of 4mnths, It will impossible for me to attend the sessions of the court till my baby becomes a little grown up..until then may be 3 to 4 dates will come at the court. will I be allowed to absent by submitting the above mentioned form?

 

is there any possibility that the complainant's lawyer may influence the court to declare judgement on their sake, as because I will be absent for more than one date??

 
Reply   
 

 

GR means Government registered. 

Since Im pregnant of 4mnths, It will impossible for me to attend the sessions of the court till my baby becomes a little grown up..until then may be 3 to 4 dates will come at the court. will I be allowed to absent by submitting the above mentioned form?

 

is there any possibility that the complainant's lawyer may influence the court to declare judgement on their sake, as because I will be absent for more than one date??

Originally posted by : Chetan Joshi


Hi 

 

This is what you need to do under Section 205 of the Code of Criminal Procedure

(filled in with your details)

 

 

IN THE COURT OF …………..………………………….METROPOLITAN MAGISTRATE, PUNECRIMINAL COMPLAINT NO. _______OF 2011

IN THE MATTER OF:

Mr. ………………                                                                                                                                                                   …….COMPLAINANT

VERSUS 

State and XYZ                                                                                                                                                                  . .……ACCUSED

APPLICATION FOR EXEMPTION OF THE PERSONAL APPEARANCE OF THE COMPLAINANT/ACCUSED

MOST RESPECTFULLY-

1.  That the above-mentioned matter is pending before this Hon’ble Court and is listed   for today.

2. That the Complainant is busy in some inevitable administrative work. Thus unable to appear before this Hon’ble’ court today.

3. That the absence of the applicant is neither intentional nor deliberate, but due to the bonafide reason mentioned above.

PRAYER: -
It is, hence, most respectfully prayed that this Hon’ble Court may be pleased to exempt the Complainant from the personal appearance for today only in the interest of justice, through counsel.
COMPLAINANT
THROUGH

COUNSEL
Place  : Pune

Dated : ………, 2011

 

 

How do you abbreviate GR?

 

 

 

Regards

Chetan Joshi
 
Reply   
 
Lawyer at Delhi

It is possible to obtain personal exemption from appearing in the court. Being present is definitely a valid reason for seeking personal exemption. Submit medical certificate along with application seeking personal exemption. Your advocate can represent you in your absence. In case you do not have full faith in your advocate (as you appear to have mentioned), you may change your advocate. Secondly, in addition to your advocate its presence, you can send some other member of your family to the court in your absence.

Judgment in the case is to be delivered on the basis of the evidence that has come on the record of the case. It may not be possible for the opposite party to influence the judge in your absence. Moreover, your own advocate would also be available during the hearings, and as advised above, you can send a family member also to the court in your absence in case you suspect some foul play.

 

 

 
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thank u very much, @Ashok,advocate sir for your valuable suggestions..

 

thanku very much @chetan joshi sir for the form..may be my lawyer will never provide me with this form. thanks a lot.

 
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The complainant is delaying the case intentionally. Can I do something for a speedy justice? My case is going on in second court. 

 
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