J Alam 01 February 2016

Exemption in 498a case

Hi,Sir,

Informatiion with regards to the exemption from appearing in 498A case.The same happened 3 years back,did appear on every date since 3 years,but i do job out of my home state,it is sometime very difficult to apply for leaves,and make space for appearence.The process is prolonged,can i apply for exemption on the "on the ground of employment" for which i can attend the final trial.(Just to add the 498A case was filed by the other party,to implicate there was nothing grave in the matter,no harm was inflicted to the other party,just that the relation got bitter-they filed this 498A case.Please reply,is it advisable the learned judge grant exemption to me as well.Thanks.

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6 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 01 February 2016

FILE A PETITION UNDER 205 OF CR.P.C. STATING D REASONS

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 February 2016

Section 205 Of Cr.P.C.Magistrate may dispense with personal attendance of accused. File it.

Vijay Raj Mahajan (Advocate) 01 February 2016

Exemption from personal appearence of certain dates can be allowed by the trail court but not at the time when charges are framed against the accused or his statement u/s 313 Cr.P.C is to be recorded.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 February 2016

File an application under the relevant provisions of the law. 205 of Crpc is not the correct provision as that provision is applicable only at the time when the magistrate is issuing the summons and not subsequently. The correct provision would be 317 Crpc.

Anyway, ask your lawyer to argue the issue of your persona;l apperance diligently and im sure the kjudge shall be convinced.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 February 2016

Originally posted by : Augustine Chatterjee
	File an application under the relevant provisions of the law. 205 of Crpc is not the correct provision as that provision is applicable only at the time when the magistrate is issuing the summons and not subsequently. The correct provision would be 317 Crpc. Anyway, ask your lawyer to argue the issue of your persona;l apperance diligently and im sure the kjudge shall be convinced.

This is correct!

205 CrPC has demerits to dispense with personal appearance permanently of an accused while examination u/s 311 CrPC. Please make petition U/S 317 CrPC to obtain this. You can be represented by a pleader (Not necessarily an advocate) to whom you have given power.

Please see my profile links for sample petitions and other clues, FAQs.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 February 2016

During the stage of 313 crpc , personal appearance of the accused is not mandatory . See the judgement on basavaraj Patil vs state . Thanks for the consent , mr smith .