• My lawyer/family member can attend on my second hearing on my behalf

I m under Trial for U/sec.465, 467,468,471and 420 r/w 34 of Indian penal code.the charges has been framed on me and now trail session is going in Andheri Metropolitan Magistrate Court hence My lawyer/family member can attend on my second hearing and henceforth of Court Proceedings on my behalf Exempting me as I couldn't get leave from my job in Abroad.but I've been attended my first date?
Asked 9 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Other

Your lawyer can attend

Your relative cannot attend

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

Sir your lawyer can file an exemption application before court for the hearing you are not able to come. Further he also file an permanent exemption application before the court praying to exempt you from personal presence.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

You can make application for exemption from

personal appearance until further orders as you are working abroad and cannot get leave  from your job to attend court hearing 

 

court may grant exemption until further orders 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

The lawyer an attend on your behalf but only if he is authorised by you by signing a Vakalatnama.you have to state grounds for not attending the court and if the court thinks fit it can grant you exemption for that date.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Yes your lawyer can represent you, court can exempt you till court things necessary. But if personal attendance is necessary then you need to present. Family members can attend proceeding but cannot represent you.

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

In case of memo of appearance also court can dispense presence but at stage of evidence you need to be present before court for your evidence. It can be filed without presence of.accused.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Section 205 read with Section 313 of the Criminal Procedure Code. Section 205 deals with exemption from appearance and Section 313 pertains to personal examination of the Accused. It is thus logical conclusion that if an accused is personally exempted from appearance in a summons case then the need for his personal examination is dispensed with as well. 

Grant of Permanent Exemption: The Concept

In the first instance, it must be remembered that it is solely the discretion of the Magistrate to grant exemption from trial to the Accused. 

However a single most important factor is that the Accused person should have regularly attended trial up to the point when the exemption is sought for. However when an accused makes even the first appearance through a counsel, he may be allowed to do so in certain situations. In other words the accused should have not been absconding from trial and should not have been declared a Proclaimed Offender by the Magistrate. 

The Magistrate thus while considering such applications thus has to bear in mind the following:

(a) The nature of the crime alleged to have been committed. 

(b) The conduct of the Accused which is of paramount importance.

Applicability of Exemption: Summons and Warrant Cases

Criminal matters are classified into Summons and Warrant cases. Summons cases are those involving offences less serious in nature in comparison to Warrant cases. Thus while there is no doubt that in summons cases the accused can be exempted from trial provided the Magistrate deems it to be fit and after exercising certain precautions which will be subsequently enumerated below.

The important question then is that of obtaining exemption from further trial in Warrants cases.  It is trite in law that even in a warrant case it is within the power of the Magistrate to grant permanent exemption if circumstances justified such a course. Hence the mere fact that case on hand is a warrant case need not prevent the learned Magistrate from granting permanent exemption if otherwise petitioner is entitled to the same.

Process: Grant of Permanent Exemption

An application for exemption from trial along with an affidavit in support will contain the following undertakings:

  • A narration of facts to satisfy the court of his real difficulties to be physically present in court for giving such answers. Physical distance is one of the most important factors.
  • An assurance that no prejudice would be caused to him, in any manner, by dispensing with his personal presence during such questioning.
  • An undertaking that he would not raise any grievance on that score at any stage of the case."
  • That if at any stage of the proceeding, the petitioner is required by the trial Court; he shall have to appear in person.
  • An undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and
  • That a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence.

Chandra Shekhar
Advocate, New Delhi
18 Answers

Not rated

your lawyer can file an application to dispense with your personal appearance and if the judge thinks fit he can allow it.

regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Your lawyer can appear on your behalf on the dates if you are granted exemption from personal appearance 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

You can ask your advocate to file a petition seeking to dispense with your personal appearance by filing a petition under section205 cr.p.c. for the reasons you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Memo of appearance is for your advocate to represent you in the court to conduct the case alone and this cannot exempt you from appearing before court.

Petition under section 317 cr.p.c is only for that date's hearing and this petition cannot be filed continuously, the court may dismiss the petition if filed continuously for three times and may issue non bailable warrant.

Therefore a petition under section 205 cr.p.c is the better option.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

1) If you have given POA to attend on your behalf all legal matters in court than your family members can attend it. Plus if there is any emergency need of any evidence than you can tell court you can be available through internet video call or Skype etc.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Yes, Your Lawyer Can do it by filing an Exemption in court for Your personal attendance.

As per General rule every trail or inquirey should be in presence of Accused  but section 205 & Section 317 are  Exception of this General rule here Magistrate can dispense personal Attendance of Accused & Start Trails.

J.D. Yadav
Advocate, Mumbai
1 Answer

Not rated

You have to appear before the court and in case you are not able to appear in the court on the given date then your advocate has to file an affidavit in the court that Due to certain region you are unable to appear before the Andheri Court and insured the code that and the next hearing you will appear before the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

Dear Querist

your advocate may appear before the court with the Vakalatnama and file an exemption application as you are in abroad and unable to appear before the court hence your personal appearance may be exempted.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

yes, vakalatnama you have signed in actually a power of attorney and you give him the power to contest case against you unless the court makes a compulsion in your attendance.

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

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