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Permanant Exemption Application

Dr. Asha Gupta, who is accused of violating the Pre-conception and Pre-natal Diagnostic Techniques Act, applied for permanent exemption from appearing in court due to age-related health issues including arthritis, depression, high blood pressure, and diabetes. She undertakes that her counsel will represent her and she will abide by the court's decision. The application requests that Dr. Gupta be granted permanent exemption from appearing in court and allowed to appear through her counsel instead.

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Vagisha Kochar
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100% found this document useful (10 votes)
19K views3 pages

Permanant Exemption Application

Dr. Asha Gupta, who is accused of violating the Pre-conception and Pre-natal Diagnostic Techniques Act, applied for permanent exemption from appearing in court due to age-related health issues including arthritis, depression, high blood pressure, and diabetes. She undertakes that her counsel will represent her and she will abide by the court's decision. The application requests that Dr. Gupta be granted permanent exemption from appearing in court and allowed to appear through her counsel instead.

Uploaded by

Vagisha Kochar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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IN THE COURT OF SH. DHARMENDER SINGH, LD. M.M.

ROHINI COURT, DELHI


In re:
IN THE MATTER OF:

DISTRICT MAGISTRATE VERSUS DR. ASHA GUPTA

N.D.O.H-13.01.2015
C.C. No. 228/01/14
U/s 28 PNDJ ACT
P.S. SOUTH ROHINI

APPLICATION U/S 205 CR.P.C. OF THE CODE OF CRIMINAL


PROCEDURE 1973 ON BEHALF OF THE APPLICANT DR. ASHA
GUPTA, ACCUSED FOR GRANT OF PERMANENT EXEMPTION
FROM HER PERSONAL APPEARANCE IN THE PRESENT CASE.

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned matter is pending adjudication

before this Hon’ble Court and is fixed for today i.e.

13.01.2015.
2. That the applicant has been arrayed as accused in the

present mater on the basis of alleged baseless allegations of

offence committed under Section 28 of Pre-conception and

Pre-natal Diagnostic Techniques Act.


3. That the Accused is a senior citizen and an old lady, is in the

evening of her life suffering from various age related ailments

i.e. Arthritis, depression, High B.P. and Diabetes and is living

alone at .
4. That the Accused may kindly be permanently exempted from

her personal appearance before this Hon’ble Court and be

kindly allowed to appear through her counsels.


5. That the counsel shall appear on each and every date on

behalf of the applicant.


6. That the Applicant undertakes that she will not dispute her

identity as a particular accused in the present case.


7. That the Applicant undertakes that she will not raise any

objection if the evidence is recorded in her absence and also

in future will not raise any objection in this regard.


8. That the applicant undertakes that she shall bound by the

statement made by her Counsel as aforementioned.


9. That the applicant / Accused undertake to abide the terms

and condition imposed by this Hon’ble Court while granting

permanent exemption to her.


10. That it is submitted that in view of the Judgments of

Hon’ble High Courts and Supreme Court of India in Bhaskar

Sen & Ors Vs. State of Maharashtra & Ors. 2004 (3) JCC

(NI) 180 and Bhaskar Industries Ltd. Vs. Bhiwani Denim

& Apparels Ltd. 2001 SCC (Cri.) 254 the application may

kindly be allowed.
11. That it is submitted that no adjournment shall be

taken on behalf of the Applicant/Accused due to her

absence.
12. That it is submitted that the applicant undertakes to

appear before this Hon’ble Court as and when directed.


13. That it is further submitted that the accused may

kindly be granted permanent exemption from her personal

appearance and she may be allowed to appear through her

counsel as the personal appearance of the applicant/accused

causes and shall cause enormous hardship to her.


PRAYER

It is, therefore, most respectfully prayed that in view of the

submission made here in by the applicant / Accused and

considering the circumstances of the present case this Hon’ble

Court may kindly be pleased to:

a) Grant permanent exemption to the applicant / accused from

her personal appearance in this case and she may be allowed

to appear through her counsel above named till the disposal

of the case; and


b) In the interim, exempt the applicant / Accused from her

personal appearance in this case and be allowed to appear

through counsel till the deciding of this application.

Accused
Filed by :-
PRADEEP RANA & ASSOCIATES
ADVOCATES
Lawyer’s Chamber No. 133, Western Wing, Tis Hazari Courts, Delhi-110054.
Office at: B-1, Aditya Complex-1, Central Mkt. Near PVR, Prashant Vihar,Delhi-110085.
Ph. 98111-41234, 011-27553165-66, 0112-7553166 (fax),
Email. Adv.pradeeprana@gmail.com.

Delhi. Dated:13/01/15

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