Application for Personal Exemption of the Complainant (India)
This template is a formal application used in Indian criminal courts to request that a complainant be excused from attending a specific hearing date. It is filed under Section 256 of the Code of Criminal Procedure, 1973, when the complainant's personal presence is not immediately required for the proceedings.
Application for Personal exemption of the Complainant u/s 256 CrPC, 1973
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT _______
C.C. NO. ______ / SS / 20___
_______________ …..Complainant
Versus
______________ …… Accused
APPLICATION FOR EXEMPTION FROM PERSONAL APPEARANCE
MAY IT PLEASE YOUR HONOUR
I, on behalf of the Complainant, do hereby beg to state as under –
1. That the Hon’ble Court on about ______ was pleased to issue Summons against the accused No. ___ abovenamed, directing the said accused to remain present today.
2. That the complainant, because of some business purposes, could not remain present on today’s date of hearing.
3. That, the presence of Complainant is not required for today’s date of hearing.
In this backdrop, it is most humbly prayed –
a) The presence of the Complainant be exempted for today’s date of hearing, and the case be proceeded with, in accordance with law.
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
DATED THIS _______DAY OF _____, 20___
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About this template
What is this template?
This is a court filing used in Indian criminal proceedings to request that a complainant be allowed to skip a hearing. It is not an application for an accused person, nor is it a permanent waiver of appearance for the entire trial. The document specifically names the Advocate who will appear in the complainant's stead for that day.
When should you use it?
Use this form when a complainant has a valid reason, such as illness or urgent travel, for missing a scheduled court date in India. If the individual seeking exemption is the defendant rather than the complainant, use an Application for Personal Exemption of the Accused instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Description of the Matter | Identifies the specific criminal case, the court, and the parties involved including the Complainant and the Accused. |
| Body | Request for Exemption | Petitions the court to dispense with the personal attendance of the Complainant for a specific hearing date. |
| Body | Reason for Absence | Provides a placeholder for the Complainant to state the specific ground for being unable to attend the court proceeding. |
| Body | Representation by Counsel | Confirms that the Complainant's duly appointed Advocate will be present to represent their interests during the hearing. |
| Prayer | Undertaking to Appear | States the Complainant's commitment to attend future court dates as required by the presiding judge. |
Who it's for
- a complainant in a criminal case in India who cannot attend a specific hearing
- legal practitioners representing a complainant in Indian criminal courts
How long it runs and how it's signed
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