498-A IPC – application for exempting personal appearance of accused

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• • August 20, 2017 at 5:40 pm #2657
    anil kumar

    Guest

    I am main accused in 498a case and fighting the same in-person. My father and 2 sisters are co-accused. Can I submit my signed application to district court for exempting their personal appearance on a particular date (when their presence is not required). Kindly help.

  • August 21, 2017 at 5:26 pm #2662
    Dr. Ashok Dhamija

    Advocate

    If your father and sisters have not engaged any advocate so far, you can submit the application for exemption on their behalf in an urgent situation. However, there should be some valid ground for their absence. An accused cannot decide himself or herself that the presence is not required in court so he or she would not attend. If it is due to some medical ground or some other urgent or important reason, it is alright and the court may exempt personal appearance on a specific date. But, if an accused avoids to appear on flimsy grounds or himself decides (rather than letting the court decide) that it is not an important date, the court may not take it lightly. In fact, if your father and sisters have any problem and if the regular hearing of the case has not started yet, they can try to seek general exemption from the court in advance till further orders.

         

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

  • August 22, 2017 at 9:36 pm #2673
    anil kumar

    Guest

    Sir, thank you for prompt and detail reply. Currently the cross examination of witnesses is going on and I am assuring the court that whenever their presence is required by the court on next date, they will be present. But the complainants lawyer is raising the objection that one accused can not submit his signed application on behalf of other accused. Please guide.

  • August 23, 2017 at 8:56 am #2675
    Dr. Ashok Dhamija

    Advocate

    Better if you submit signed applications of your father and sisters themselves, who are accused. You should present their applications to court in the capacity of a relative and not another accused person. The best would be to engage some lawyer in such circumstances.     

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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