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IN THE COURT OF MS.
SURBHI, LD. M.M, MAHILA COURT
DISTRICT SOUTH WEST, DWARKA COURT,
NEW DELHI.
IN
THE MATTER OF:-
STATE VERSUS XXXXXXXXXXXXX
AND ORS.
FIR NO. ________
U/S: 498-A/406/34
P.S.: ___________
N.D.O.H.:_________
APPLICATION UNDER SECTION 228 OF BNSS
ON BEHALF OF THE APPLICANT / ACCUSED NAMELY SH. XXXXXXXXXXX SEEKING PERMANENT EXEMPTION
FROM PERSONAL APPEARANCE.
MOST RESPECTFULLY SHOWETH: -
1.
That the above noted case is pending before this Hon’ble
Court and same was fixed for__________.
2.
That the Applicant / Accused prefers present application for
issuance of an appropriate order for dispensing with the personal appearance of
the Applicant in this present FIR case.
3.
That the Applicant is a law-abiding senior citizen of India aged
…… years, and pendency of the aforesaid proceedings is causing hardship to him
as the applicant is permanent resident of Mohali, Punjab and he is suffering
from various illness due to old age and he is caring for his younger son who is
mentally challenged and needs constant care and attention and it is extremely
difficult to travel from Mohali, Punjab to Delhi leaving behind him alone with
no one to care him.
4.
That the applicant who is facing the trial in the aforesaid
false and fabricated case from almost around 6 years and the evidence is still
to be opened and a perusal of the order sheet would reveal that the applicant /
accused attended each and every hearing of the aforesaid case where as
complainant is not so regular.
5.
That aggrieved from the prolong trial and delaying tactics
played by the Complainant in order to delay the trial, applicant is moving the
present application seeking exemption from personal appearance on ground of his
ill health suffering from various ailments relating to his old age and being a resident
of Mohali, Punjab, it is very difficult for him to travel Delhi due to illness
and old age.
6.
That the Applicant / Accused hereby undertakes
that he would not dispute his identity in the case and that a Counsel in his
behalf would be present in the Court on all dates of hearing and also that the
Applicant / Accused has no objection in this Hon'ble Court taking evidence in
the absence of the Applicant / Accused.
7.
That the Counsel for
the Applicant / Accused is always ready and willing to cooperate in the case
and will not seek adjournment because of absence of the Applicant / Accused.
The Counsel appearing on behalf of the Applicant / Accused is entitled to a
hearing at any stage as is held by
8.
That it is stated that the requirement of personal appearance
of the accused in a criminal case is engrafted for the benefit of the accused.
The underlying objective being to enable the accused to be aware of the charges
and evidence adduced against him. It is well settled position in law that the
above beneficial stipulation in law has to yield and give way when insistence on
the same becomes counterproductive, oppressive and financially burdensome on
the accused.
9.
That it is equally well
settled position in law that if someone is in serious disease due to the
circumstances beyond its control the benefit under Section 228 of BNSS is to be
granted as a matter of course.
10.
That the applicant
categorically states that he does not dispute his identity as an accused and
undertake to be present through his authorized Advocate Sh. R.K in the
proceeding in the instant FIR case. The Applicant further undertakes not to
dispute or call into question validity of any proceeding in the instant FIR case
held in the presence of authorized Advocate. The applicant further undertakes
to be present as and when required by this Hon’ble Court.
11.
It is stated that the
relief is sought for in this application apart from sub-serving the ends of
justice shall not in any manner delay or obstruct the due proceedings in the
instant case. As such for the ends of justice this application which is preferred
bonafide may kindly be allowed and the requirement of the personal presence of
the applicant may kindly be dispensed.
12.
That no prejudice would be caused to the prosecution if the
permanent exemption from personal appearance is granted to the Applicant /
Accused, whereas insistence upon the personal attendance of the Applicant /
Accused would be too harsh a course against him. There is no comparative advantage as against
the suffering of the Applicant / Accused in insisting upon his personal attendance.
Moreover the real test in determining whether presence of the Accused is
required or not is whether the absence of the Accused would hamper the progress
of the case.
13.
That the Present Application is
been made in bonafide and no prejudice shall be caused to the prosecution if
the present Application is allowed by this Hon’ble Court.
PRAYER:-
It is therefore, prayed that this Hon’ble Court may be
graciously be pleased to allow the present application and pass necessary
orders dispensing with the requirement of personal presence / appearance of the
Applicant / Accused Sh. Prabhdeep Singh Chopra in the proceedings in the
instant case; in view of facts and circumstances as submitted above.
And / or
Pass any such other order
or orders as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present case.
It is prayed accordingly,
DELHI APPLICANT / ACCUSED
THROUGH
DATED:
XXXXXXXXXXXXXX
ADVOCATE
IN THE COURT OF MS.
SURBHI, LD. M.M, MAHILA COURT
DISTRICT SOUTH WEST, DWARKA COURT,
NEW DELHI.
IN
THE MATTER OF:-
STATE VERSUS XXXXXXXXXXXX
AND ORS.
FIR NO. _________
U/S: 498-A/406/34
P.S.: ___________
N.D.O.H.: ___________
APPLICATION UNDER SECTION 228 OF BNSS
ON BEHALF OF THE APPLICANT / ACCUSED NAMELY SMT. XXXXXXXX SEEKING PERMANENT
EXEMPTION FROM PERSONAL APPEARANCE.
MOST RESPECTFULLY SHOWETH: -
1.
That the above noted case is pending before this Hon’ble
Court and same was fixed for ….12.20XX.
2.
That the Applicant / Accused prefers present application for
issuance of an appropriate order for dispensing with the personal appearance of
the Applicant in this present FIR case.
3.
That the Applicant is a law-abiding senior citizen of India aged
70 years, and pendency of the aforesaid proceedings is causing hardship to her
as the applicant is permanent resident of Mohali, Punjab and she is suffering
from various illness due to old age and she is caring for her younger son who
is mentally challenged and needs constant care and attention and it is
extremely difficult to travel from Mohali, Punjab to Delhi leaving behind him
alone with no one to care him.
4.
That the applicant who is facing the trial in the aforesaid
false and fabricated case from almost around 6 years and the evidence is still
to be opened and a perusal of the order sheet would reveal that the applicant /
accused attended each and every hearing of the aforesaid case where as
complainant is not so regular.
5.
That aggrieved from the prolong trial and delaying tactics
played by the Complainant in order to delay the trial, applicant is moving the
present application seeking exemption from personal appearance on ground of his
ill health suffering from various ailments relating to his old age and being a
resident of Mohali, Punjab, it is very difficult for him to travel Delhi due to
illness and old age.
6.
That the Applicant / Accused hereby undertakes
that she would not dispute her identity in the case and that a Counsel in her
behalf would be present in the Court on all dates of hearing and also that the
Applicant / Accused has no objection in this Hon'ble Court taking evidence in
the absence of the Applicant / Accused.
7.
That the Counsel for
the Applicant / Accused is always ready and willing to cooperate in the case
and will not seek adjournment because of absence of the Applicant / Accused.
The Counsel appearing on behalf of the Applicant / Accused is entitled to a
hearing at any stage as is held by
8.
That it is stated that the requirement of personal appearance
of the accused in a criminal case is engrafted for the benefit of the accused.
The underlying objective being to enable the accused to be aware of the charges
and evidence adduced against him. It is well settled position in law that the
above beneficial stipulation in law has to yield and give way when insistence on
the same becomes counterproductive, oppressive and financially burdensome on
the accused.
9.
That it is equally well
settled position in law that if someone is in serious disease due to the
circumstances beyond its control the benefit under Section 228 of BNSS is to be
granted as a matter of course.
10.
That the applicant
categorically states that he does not dispute her identity as an accused and
undertake to be present through her authorized Advocate Sh. R.K. Tripathi in
the proceeding in the instant FIR case. The Applicant further undertakes not to
dispute or call into question validity of any proceeding in the instant FIR case
held in the presence of authorized Advocate. The applicant further undertakes
to be present as and when required by this Hon’ble Court.
11.
It is stated that the
relief is sought for in this application apart from sub-serving the ends of
justice shall not in any manner delay or obstruct the due proceedings in the
instant case. As such for the ends of justice this application which is preferred
bonafide may kindly be allowed and the requirement of the personal presence of
the applicant may kindly be dispensed.
12.
That no prejudice would be caused to the prosecution if the
permanent exemption from personal appearance is granted to the Applicant /
Accused, whereas insistence upon the personal attendance of the Applicant /
Accused would be too harsh a course against her. There is no comparative advantage as against
the suffering of the Applicant / Accused in insisting upon his personal attendance.
Moreover the real test in determining whether presence of the Accused is
required or not is whether the absence of the Accused would hamper the progress
of the case.
13.
That the Present Application is
been made in bonafide and no prejudice shall be caused to the prosecution if
the present Application is allowed by this Hon’ble Court.
PRAYER:-
It is therefore, prayed that this Hon’ble Court may be
graciously be pleased to allow the present application and pass necessary
orders dispensing with the requirement of personal presence / appearance of the
Applicant / Accused Smt. XXXXXX in the proceedings in the instant case; in view
of facts and circumstances as submitted above.
And / or
Pass any such other order
or orders as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present case.
It is prayed accordingly,
DELHI APPLICANT / ACCUSED
THROUGH
DATED:
XXXXXXXXXX
ADVOCATE
