Application Seeking Exemption of Accused During Evidence (Section 317 CrPC) (India)
This document is a formal application used in Indian criminal courts to request the court's permission to proceed with a trial in the absence of the accused person. It is typically filed when the accused cannot attend a specific hearing, allowing the legal proceedings and evidence collection to continue through their legal counsel.
Application u/s 317 of CrPC, 1973 seeking exemption of accused during taking of evidence
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT _______
OR
HON’BLE SESSIONS COURT AT ______
C.C. No. ……….. of 20___
ABC Applicant
Versus
The State of Maharashtra
(through XYZ Police station)
APPLICATION TO PROCEED WITH THE TRIAL U/S 317 OF CrPC, 1973
MAY IT PLEASE YOUR HONOUR
The Applicant beg to state as under –
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR
Dated this _____Day of _______, 20____
ABC
Applicant
XYZ
Advocate for the
Applicant
Section 317: Provision for inquiries and trial being held in the absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
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