Do you know that even in Criminal Cases you do not have to go to court on every date if you apply exemption?
Generally, people are aware that in civil courts you do not have to go to court on every date but in criminal cases, if you do not go to court on fix date, the court issues non bailable warrant against you.
To some extent above you is right if you do not know anything about Sec.205 of Code of Criminal Procedure.
The idea behind this provision is like this.
All evidences in criminal will be recorded in presence of accused only.
But accused can always make an application to court that there is no dispute about his identification, and he will not mind if evidence is recorded in presence of his advocate, and he will come as and when necessary.
Then the court can grant him exemption from personal appearance under Sec.205 during the case.
Then the accused need not remain present on every date, but in that case his advocate must be present in court when case is called out.
Then, it will be burden on advocate to sit and wait for case to be called out on every date.
In place of his client, his advocate will have to suffer agony of "sitting and waiting" in court rooms.
SUGGESTION
If you have a criminal case where you are made accused, then in addition to your main senior advocate, also engage an additional junior advocate to remain present in court on every date of case.
Then if court grants your Sec 205 Application for exemption from person appearance, you need not go to court on every date.
That junior advocate will record presence on your behalf in court.
Then, you may have to go only on date when court specifically asks you to remain present.
Haresh Raichura
17/05/2016
