Exemption from Personal appearance Petition under 205 CrPC in a false 498A IPC Case - Sample

IN THE COURT OF HON’BLE III ADDL JUDICIAL MAGISTRATE

OF FIRST CLASS :: <<CASECITY>>

Crl. M.P. ______ /2018

in
C.C. No. AAA/2018
(arising from FIR No. BBB/2017 on file of Women PS,
<<CASECITY>>)

Between
Ms. CUNNING KNIFE, Aged 38 years
ADDRESS,
Yousufguda, Hyderabad,
Telangana 500045. … De Facto Complainant

And

1. Mr. HUSBAND’s FATHER, Aged 68 years (A2)

S/o HUSBAND's GRAND FATHER, Retd Tahsildar
Occ: Retd Deputy Tahsildar, R/o. <<HOMECITY>>

2. Mrs. HUSBAND’s MOTHER, Aged 57 years (A3)

W/o HUSBAND’s FATHER,
Occ: Hindi Pandit, R/o. <<HOMECITY>> … Petitioners/Accused Nos.2 to 3

PETITION PREFERRED FOR PERMANENT EXEMPTION

U/S 205 Cr.P.C
ON BEHALF OF THE ACCUSED Nos. 2 and 3

The permanent address for service of all notices and court summons process on
the Petitioner named above is: D.No. 10, Swamiji Nagar, <<HOMECITY>>, A.P.
515021

Most Respectfully Showeth,

1. That the present petition is filed by the Petitioners/Accused Nos. 2 and 3 in the
Criminal Case no. AAA/2018 pending before this Hon’ble court for offences
punishable u/s 498A I.P.C. filed under FIR No. BBB/2017 Dt.07th April 2017.
Both the Petitioners/Accused submit that they had appeared before this Hon’ble
court and accused copies of the charge sheet had been served on them on first
date of appearance on 20th September 2018.

2. That the Petitioners/Accused Nos. 2 and 3 are permanently resided at

<<HOMECITY>>, Andhra Pradesh and are elderly people, with ages of
68 years and 57 years respectively. They are suffering from life
impacting diseases such as heart ailments and diabetes and are on
lifelong course of medications. They had to come from a distance of over
350 KMs, which is evidently a severe hardship for them to travel, up and down
from <<HOMECITY>>, to <<CASECITY>> for each and every date of court
hearing for a total minimum travel distance of 700 KMs.

3. That the Petitioners/Accused have highest respect and regard for judiciary and
does not have any intention to delay or protract the instant case. Moreover, the

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 Exemption from Personal appearance Petition under 205 CrPC in a false 498A IPC Case - Sample

Petitioners/Accused submit that due to their advanced age and fragile health
conditions, they are not in a position to attend this hon’ble Court at every date of
hearing, hence they may be permitted to exemption from personal appearance
to attend the hon’ble Court for every adjournment. The Petitioners/Accused
respectfully submit that their absence will not in any way hamper the trial, nor
any prejudice will be caused to the trial of the above case nor to the
respondent/complainant. It will also serve the ends of justice.

4. That both the Petitioners/Accused take refuge in the following judgments of

Hon’ble Supreme Court, both the judgments are annexed to this application.
a. Sri Rameshwar Yadav vs The State of Bihar on 16 March, 2018
reported in Criminal Appeal No.387 Of 2018
b. Social Action Forum for Manav Adhikar and another Vs Union of
India on 14 September, 2018 reported in WP (CIVIL) NO. 73 OF
2015

PRAYER

The Petitioners/Accused Nos. 2 and 3 hereby respectfully pray to this Hon’ble Court,
a. To grant exemption from personal appearance to the Petitioners/AccusedNos.2
and 3 from attending the court, except for when they are absolutely required
for recording of their statements, and at Section 313 Cr.P.C questioning stage
as well as on the date of judgment.
b. To allow them to be represented by co-accused (A1) in the case, during the
trial.
c. To grant any other reliefs that the court may granted to Petitioners/Accused
Nos. 2 and 3, in the interest of justice.

AND FOR THIS ACT OF KINDNESS,

THE RESPONDENT SHALL EVER PRAY

Be pleased to consider

Petitioner-in-Person/Accused No.2

Petitioner-in-Person/Accused No.3

Place of filing petition : <<CASECITY>>

Date of filing petition : 01.04.2019

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Original Source: ShadesofKnife.in Contact for details: Sandeep.pamarati@gmail.com