SSP (XYZ) 27 June 2014

Exemtion from personal attendance in 498a

Hi all,

My 498a case is running in Andhra Pradesh.

We are 5 members accused in my 498a case. Charges has been framed on jan-2014 and trail started.

due to petitioner improper attendance, sofar we could finish only her chief examination. Soon we are going do her cross examination. Now my question is can i ask judge that one person ( my father_a2) will attend to court behalf of all accuseds till petitioner and witness cross finished. Since My self and my brother staying 300 kms far from the court and my grand father is 90 years old, It is very difficult to us to attend all of us every week. And petitioners wantedly delaying the case. So can i ask exemption and ask A2 will attend behalf us untill court need our physical presence.

Is there any section which i can use. Please let me know is it possible to get such order from high court?

If anyone knows pls let me know under which section.

it is very urgent.. pls experts help me..

thanks

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 June 2014

The Supreme Court, in a recent decision in TGN Kumar vs State Of Kerala & Ors., has examined the provisions of Section 205 of the Code of Criminal Procedure, relating to the dispensation of personal appearance of an accused before a Criminal Court. The Supreme Court held as under; - See more at: https://www.legalblog.in/2011/01/exemption-from-personal-appearance.

"205. Magistrate may dispense with personal attendance of accused.--(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader.

SSP (XYZ) 28 June 2014

Thanks Ramachari sir. Thanks for your reply.

Due to my present judge going for some training, my 498a case is going to transfer to another bench.

I heard that the new judge is not accepting if all accuseds are not attending for adjornments. Even he is not accepting if petitioner and witnessis not attending also. But in 498a trail there is nothing to do with us untill they finish all witnessis chief and cross examination. So till court need our statements i want to ask one person ( A2) will attend for all adjornments behalf of all.

Is it better to file rhe above petition in lower court? Or shall i go to high court?

Thanks

T. Kalaiselvan, Advocate (Advocate) 28 June 2014

I agree with learned advocate Mr. Ramachary that you can file a petition u/s 205Cr.P.c seeking permission of the court to dispense with the persona appearance of the accused.