• Sections for A2 exemption in 498a case

498a section is filed in Bangalore .Bail has been regularised.
Charged have not been framed. 
A2 [Male, Aged 48, private employee] is staying in Andhra Pradesh , for him attending all the hearings is difficult.
What are all the sections in which we can apply to get exemption for A2 till court asks to attend mandatorily.
Asked 4 years ago in Family Law
Religion: Hindu

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6 Answers

File Application under section 205 crpc  claiming the exemption from personal appearance.until further orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

He can file a petition under section 205 Cr.P.C before the trial court;

Section 205 in The Code Of Criminal Procedure, 1973

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.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner herein before provided.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- He can move an application under section 205 of CRPC before the Court where the charge sheet is going to be filed for seeking the permanent exemption from appearing before the court .

- He must mention the reasons why not able to appear before the court on the date of hearing 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can file application under the Section 205 of Criminal Procedure Code. But in most case the application will be rejected if not given a valid reason for permanent exemption for personal appearance.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Dear Client,

A2 can apply u/s 205 CrPC to him excuse him from personal appearance on every occasion.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You need to file exemption until further orders u/s 317 crpc. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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