Application for Personal Exemption of the Complainant (India) by OLL
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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___
Advocate
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.
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About this template
What is this template?
This is a criminal procedure filing for use in Indian Magistrate Courts under the Code of Criminal Procedure. It is not an application for the accused to be exempted, but specifically for the Complainant. It contains a formal prayer to the court and a specific reference to Section 256.
When should you use it?
Use this when a complainant cannot attend a hearing in a summons case and needs to avoid the court dismissing the complaint. Use an Application for Exemption of Accused instead if the person seeking absence is the defendant.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Reason for Absence | States that the Complainant cannot attend the hearing due to specific business purposes on the scheduled date. |
| 3 | Necessity of Presence | Asserts that the Complainant's personal presence is not legally required for the current hearing date. |
| a | Prayer for Exemption | Requests the Magistrate to exempt the Complainant and proceed with the case in accordance with law. |
Who it's for
- a complainant in an Indian criminal case seeking to skip a specific hearing date
- an advocate filing a procedural motion to prevent dismissal of a complaint for non-appearance
How long it runs and how it's signed
Law it's drafted under
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