Applications under Section 228 BNSS for permanent exemption from personal appearance of accused
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
0 of 19 blanks filled
IN THE MATTER OF:-
STATEVERSUS First accused's name
AND ORS.
FIR NO. FIR number
U/S: 498-A/406/34
P.S.: Police station
N.D.O.H.: Next date of hearing
APPLICATION UNDER SECTION 228 OF BNSS ON BEHALF OF THE APPLICANT / ACCUSED, NAMELY SH. First applicant's name, SEEKING PERMANENT EXEMPTION FROM PERSONAL APPEARANCE
MOST RESPECTFULLY SHOWETH: -
1.That the above-noted case is pending before this Hon'ble Court and the same was fixed for Date fixed for hearing.
2.That the Applicant / Accused prefers the present application seeking an appropriate order dispensing with the personal appearance of the Applicant in the present FIR case.
3.That the Applicant is a law-abiding senior citizen of India aged First applicant's age years. The pendency of the aforesaid proceedings is causing hardship to him, as the Applicant is a permanent resident of Applicant's place of residence and is suffering from various ailments owing to old age. He is also the caregiver of his younger son, who is mentally challenged and requires constant care and attention, and it is extremely difficult for him to travel from Applicant's place of residence to City where the court is located, leaving his son behind alone with no one to care for him.
4.That the Applicant has been facing trial in the aforesaid false and fabricated case for almost approximately Approximate duration of the trial in years years, and the evidence is yet to be opened. A perusal of the order sheet would reveal that the Applicant / Accused attended each and every hearing of the aforesaid case, whereas the Complainant has not been equally regular.
5.That, aggrieved by the prolonged trial and the delaying tactics adopted by the Complainant to delay the trial, the Applicant is moving the present application seeking exemption from personal appearance on the ground of his ill health, suffering from various ailments relating to old age, and being a permanent resident of Applicant's place of residence, it is very difficult for him to travel to City where the court is located on account of his illness and advanced age.
6.That the Applicant / Accused hereby undertakes that he shall not dispute his identity in the case, that a Counsel on his behalf shall remain present in the Court on all dates of hearing, and that the Applicant / Accused has no objection to this Hon'ble Court recording evidence in his absence.
7.That the Counsel for the Applicant / Accused is always ready and willing to cooperate in the case and shall not seek any adjournment on account of the absence of the Applicant / Accused. The Counsel appearing on behalf of the Applicant / Accused is entitled to a hearing at any stage, as held by the Hon'ble Court in S C Rastogi v. Smt. Renu Kalra, 2002 Cr.L.J. 2269.
8.That it is submitted that the requirement of the personal appearance of the accused in a criminal case is engrafted in law for the benefit of the accused, the underlying objective being to enable the accused to be aware of the charges and the evidence adduced against him. It is a well-settled position in law that this beneficial stipulation must yield and give way when insistence upon it becomes counter-productive, oppressive and financially burdensome for the accused.
9.That it is equally well settled in law that where a person is suffering from a serious disease owing to circumstances beyond his 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 undertakes to remain present through his authorised Advocate, Sh. Authorised Advocate's name, in the proceedings arising out of the instant FIR. The Applicant further undertakes not to dispute or call into question the validity of any proceeding in the instant FIR case held in the presence of the authorised Advocate, and further undertakes to remain present as and when required by this Hon'ble Court.
11.It is stated that the relief sought 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, in the interest of justice, this application, which is preferred bona fide, may kindly be allowed and the requirement of the personal presence of the Applicant may kindly be dispensed with.
12.That no prejudice would be caused to the prosecution if 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 to be gained from insisting upon his personal attendance as against the suffering it would cause the Applicant / Accused. Moreover, the real test in determining whether the presence of the accused is required is whether his absence would hamper the progress of the case.
13.That the present application has been made bona fide, and no prejudice shall be caused to the prosecution if the present application is allowed by this Hon'ble Court.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and pass necessary orders dispensing with the requirement of personal presence / appearance of the Applicant / Accused, Applicant/accused's name, in the proceedings in the instant case, in view of the facts and circumstances submitted above;
And / or
Pass any such other and further 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.
DELHIAPPLICANT / ACCUSED
THROUGH
DATED: Date of application
Counsel's name, ADVOCATE
IN THE COURT OF Presiding officer's designation and court
Court district and complex address
IN THE MATTER OF:-
STATEVERSUS Second accused's name
AND ORS.
FIR NO. FIR number
U/S: 498-A/406/34
P.S.: Police station
N.D.O.H.: Next date of hearing
APPLICATION UNDER SECTION 228 OF BNSS ON BEHALF OF THE APPLICANT / ACCUSED, NAMELY SMT. Second applicant's name, SEEKING PERMANENT EXEMPTION FROM PERSONAL APPEARANCE
MOST RESPECTFULLY SHOWETH: -
1.That the above-noted case is pending before this Hon'ble Court and the same was fixed for Date fixed for hearing.
2.That the Applicant / Accused prefers the present application seeking an appropriate order dispensing with the personal appearance of the Applicant in the present FIR case.
3.That the Applicant is a law-abiding senior citizen of India aged First applicant's age years. The pendency of the aforesaid proceedings is causing hardship to her, as the Applicant is a permanent resident of Applicant's place of residence and is suffering from various ailments owing to old age. She is also the caregiver of her younger son, who is mentally challenged and requires constant care and attention, and it is extremely difficult for her to travel from Applicant's place of residence to City where the court is located, leaving her son behind alone with no one to care for him.
4.That the Applicant has been facing trial in the aforesaid false and fabricated case for almost approximately Approximate duration of the trial in years years, and the evidence is yet to be opened. A perusal of the order sheet would reveal that the Applicant / Accused attended each and every hearing of the aforesaid case, whereas the Complainant has not been equally regular.
5.That, aggrieved by the prolonged trial and the delaying tactics adopted by the Complainant to delay the trial, the Applicant is moving the present application seeking exemption from personal appearance on the ground of her ill health, suffering from various ailments relating to old age, and being a permanent resident of Applicant's place of residence, it is very difficult for her to travel to City where the court is located on account of her illness and advanced age.
6.That the Applicant / Accused hereby undertakes that she shall not dispute her identity in the case, that a Counsel on her behalf shall remain present in the Court on all dates of hearing, and that the Applicant / Accused has no objection to this Hon'ble Court recording evidence in her absence.
7.That the Counsel for the Applicant / Accused is always ready and willing to cooperate in the case and shall not seek any adjournment on account of the absence of the Applicant / Accused. The Counsel appearing on behalf of the Applicant / Accused is entitled to a hearing at any stage, as held by the Hon'ble Court in S C Rastogi v. Smt. Renu Kalra, 2002 Cr.L.J. 2269.
8.That it is submitted that the requirement of personal appearance of the accused in a criminal case is engrafted in law for the benefit of the accused, its underlying objective being to enable the accused to remain aware of the charges framed and the evidence adduced against him. It is a well-settled position in law that the aforesaid beneficial stipulation must yield and give way when insistence upon it becomes counterproductive, oppressive and financially burdensome for the accused.
9.That it is equally a well-settled position in law that where an accused is suffering from a serious disease owing to circumstances beyond his control, the benefit under Section 228 of the 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 undertakes to remain present in the proceedings in the instant FIR case through her authorised Counsel's name. The Applicant further undertakes not to dispute or call into question the validity of any proceeding in the instant FIR case held in the presence of the authorised Advocate. The Applicant further undertakes to remain present in person as and when required by this Hon'ble Court.
11.It is stated that the relief sought 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, in the interests of justice, this application, which is preferred bona fide, may kindly be allowed and the requirement of personal presence of the Applicant may kindly be dispensed with.
12.That no prejudice would be caused to the prosecution if 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 to be gained from insisting upon the personal attendance of the Applicant / Accused as against the suffering it entails for her. Moreover, the real test in determining whether the 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 made bona fide, and no prejudice shall be caused to the prosecution if the present application is allowed by this Hon'ble Court.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may 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. Second applicant's name in the proceedings in the instant case, in view of the facts and circumstances 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.
DELHIAPPLICANT / ACCUSED
THROUGH
Counsel's name
ADVOCATE
DATED:
Date of application