BEFORE HON’BLE JUDICIAL MAGISTRATE FIRST

CLASS. AT BHOKAR.
R.C.C. No.11/2021.
State.
Vs
Bharatbhushan and others.
Charge – u/s 498 (A). 354(A). 417.406.Rw sect.34 of I.P.C.
“MAY IT PLEASE YOUR HONOUR”.
Herein an humble application on behalf of accused u/s 205. Of Cr.P.C.
as under.
1. That, the said matter is fixed on today’s board for
appearance of the accused.

2. That, in the said matter the accused No. 3 and 4. Are unable
to appear in the said matter on each and every dates due to old age
and also long distance travelling and also they are suffering from
various disease.

3. That, the accused no 4 is about 65 years old person and

accused no.3 is old aged lady. They both are suffering from various
disease’s.

4. That, the accused no 4 is suffering from chronical kidney

failure and need rest. The accused is unable to suffer from stress due
to long distance of travelling. Though the accused no 3. Is originally
resident of Latur but for treatment purpose he is residing at Nashik.
The accused is suffering from said disease since 2017. And also taken
treatment as indoor patient in various hospitals.

5. That, the accused no 4 also suffering from sugar and blood

pressure. And time to time need medical treatment and long waiting
time to give his appearance in the said matter where no facility of
medical aid can cause danger to his life. The accused no 3 is
producing Discharge report of M.G.M. Medical college and Hospital
Aurangabad. Dated 15/03/2017. And also further treatment
documents for kind perusal of this Hon’ble court. The accused is also
producing medical papers of B.Y.L. Nair.hospital Mumbai. Where
the accused taken treatment as indoor patient from date04/04/2017
and onwards.
6. That, the accused no 4 is old aged lady and also suffering
from various disease i.e. Degenerative spine disease. The accused no
4 is producing medical sickness certificate for kind perusal of this
Hon’ble court. That due to said disease the accused is unable to
travels long distance of nearly 600km. Nashik to Bhokar.

7. That, the accused no. 3. & 4. Are praying for permanent

exemption of their appearance before this Hon’ble court. The both
accused person gives undertaking that they will remain present
through Advocate who is going to conduct the proceeding of said
matter. The accused will not challenge identification during trial to
any witness. The ld. Advocate will not raise adjournment without any
proper reason and also will not prolong the matter and also already
accused no 3. And 4. had given instruction to Advocate and not have
any objection of trial of said matter.

8. That, the present applicants / accused are relying on case

law of Hon’ble Apex Court. Reported in 2017 SCC Online SC 821.
In which Hon’ble S.C. laid down compressive direction to prevent
misuse of sect. 498 (A) I.P.C. specifically in personal appearance-
personal appearance of all family members are not be required
specifically out of station family members. Further the trial court
ought to grant exemption from the personal appearance or permit
appearance by video conferencing.
So, in such circumstances personal appearance of the
accused no.3 and 4. may kindly be exempted except on the dates of
framing of Charge. Statement u/s 313 Cr.P.C. and on the judgement
date may kindly be exempted to meet interest of the justice and
oblige.

 Rest of the grounds which are not specifically mentioned in this

application will be argued with prior permission of this Hon’ble
court.
 List of documents is also enclosed herewith for kind perusal of this
Hon’ble Court.

HENCE IT IS PRAYED.

By allowing this application personal appearance of the

accused no.3 and 4. may kindly be exempted except on the
dates of framing of Charge. Statement u/s 313 Cr.P.C. and
on the judgement date may kindly be exempted to meet
interest of the justice and oblige.
Accused No. 3 and 4.
Date.:- / / .
 Through.

Bhupendra P Chavan.
(Advocate.Latur)