Monday, September 28, 2009

Proforma Format : Sample 205-application Sec 205 CrPC Petition -dispense with personal appearance

BEFORE THE CHIEF METROPOLITION MAGISTRATE COURT
Crl M.P. No. 1234 of 2008
IN
C.C. No. 1234 of 2007
Crime No: 1234 of 2007
(On the file of All Women Police Station)
Ms. Star Lady - Petitioner / Accused (A2)
Vs
State represented by
The Inspector of Police - Complainant/ Respondent
All women’s police station
AFFIDAVIT of MS. STAR LADY
I Ms. Star Lady daughter of ____________ Christian female aged about ____ years
residing at ___________________________________________ do solemnly swear
and state as follows.
1. I submit that I am the _________ accused (A-__)herein U/s 498A I.P.C and U/s 4
and 6 of DP Act.
2. I submit that I do not dispute my identity
3. I submit that I am a permanent resident of __________ .
4. I submit that I have appeared before this Hon’ble court and copies of the charge
sheet has been served on me on 7.12.2005 and the first questioning was also
over on 10.12.2005. The case is posted for trial.
5. I submit that
a. I am aged about ___ years, I am a housewife, I have two minor school
going children aged about 16 years girl and about 11 years old girl, I do
not have any elders at home to support me in taking care of my children,
my husband works abroad, my frequent travel to personally appear before
this Hon’ble court would put me and my children into undue hardship.
b. I submit I am aged about 50 years old; I am disabled person with amputed
left leg; I travel about 500 kms by bus; my frequent travel to personally
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Corr:
appear before this Hon’ble court would put me and my children into undue
hardship.
c. I submit I am 80 years old, female with partial blindness; with support to
travel from my hometown/village to attend the court hearing; my frequent
travel to personally appear before this Hon’ble court would put me and my
children into undue hardship.
d. I am female; 55 years old with Type 2 diabetic petition with hyper blood
pressure, enclosed is the medical report to support the same; my frequent
travel to personally appear before this Hon’ble court would put me and my
children into undue hardship and would jeopardize my health.
6. I submit that I need to travel everytime from ________ which is about 500 kms
which is very far away from this Hon’ble Court
7. I submit that I may be exempted from personal appearance before this Hon’ble
court for the subsequent hearing.
8. I submit that I may be permitted to engage M/s _________________________
to represent for and on my behalf as my counsel and they would appear before
this Hon’ble court on all dates on my behalf.
9. I further submit that I hereby undertake that I will appear before this Hon’ble court
on occasions whenever required and at Sec. 313 Cr.P.C questioning stage as
well as on the date of judgment.
10. I submit that I shall not plead any prejudice for not being present in person
during the trial
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Corr:
I therefore respectfully pray that this Hon’ble court may be pleased to dispense with
my personal appearance accused number __ (A-__), on condition that the accused
will appear before this Hon’ble court whenever is required, at the time of.313 Cr.P.C
questioning and on the date of judgment and permit the petitioner to be represented
by her counsel of M/s _________________________________________ during
the petitioner’s absence and thus render justice.
Solemnly affirmed at ________ on this
the 21st day of January 2006 and signed
in my presence
Deponent
Before me
Advocate, City
BEFORE THE CHIEF METROPOLITION MAGISTRATE COURT
Crl M.P. No. 1234 of 2008
IN
C.C. No. 1234 of 2007
Crime No: 1234 of 2007
(On the file of All Women Police Station)
Ms. Star Lady - Petitioner / Accused (A2)
Vs
State represented by
The Inspector of Police - Complainant/ Respondent
All women’s police station
Petition filed under Cr.P.C 205 to dispense with personal appearance.
For the reasons stated in the accompanying affidavit, this Honorable Court may be
pleased to dispense with the personal appearance of accused number __ (A-__), on
condition that the accused will appear before this Hon’ble court whenever is required, at
the time of.-
313 Cr.P.C questioning and on the date of judgment and permit the petitioner to be
represented by her counsel M/s _________________________________________
during the petitioner’s absence and thus render justice.
Dated this 21st day of January 2006
Counsel for petitioner / accused
BEFORE THE CHIEF
METROPOLITION MAGISTRATE
COURT
Crl M.P. No. 1234 of 2008
IN
C.C. No. 1234 of 2007
Crime No: 1234 of 2007
(On the file of All Women Police Station)
Ms. Star Lady - Petitioner / Accused
Vs
State represented by
The All women’s police station
- Complainant/ Respondent
Petition filed under Cr.P.C 205 to
dispense with personal appearance.
Counsel for the accused (A-__)
Date of filing : 21st Jan 2006

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