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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 317 of the Code of Criminal Procedure (Cr.P.C.)" is used to request the adjournment of a criminal trial when a person, including an accused or witness, is unable to attend court proceedings due to illness or other reasonable causes. Here's a guideline for drafting such an application and common mistakes to avoid:
Heading: Start with the court details, case name, and the nature of the application (Application under Section 317 Cr.P.C.).
Introduction: Clearly state the purpose of the application, which is to seek an adjournment of the trial due to the inability of the person to attend court proceedings.
Case Details: Include the case number, the nature of the offense, and the name of the accused or witness who cannot attend.
Reason for Adjournment: Explain in detail the reasons for the inability to attend court, such as illness or other reasonable causes. Supporting medical certificates or relevant documents should be attached.
Legal References: Reference Section 317 of the Cr.P.C., which empowers the court to adjourn proceedings for a reasonable cause.
Prayer for Relief: Request the court to adjourn the trial on the grounds specified in the application.
Common Mistakes to Avoid:
Inadequate Explanation: Ensure that the reasons for the inability to attend court are clearly and comprehensively explained.
Lack of Supporting Documents: Attach relevant medical certificates or documents to substantiate the claim of inability.
Failure to Reference Legal Provisions: Clearly reference Section 317 of the Cr.P.C. to support the application.
Unclear Language: Use legally appropriate language and formatting in the application.
Failure to Serve the Application: Ensure that the application is properly served to all relevant parties and the court.
Drafting a well-prepared Application under Section 317 Cr.P.C. is essential to request the adjournment of court proceedings for legitimate reasons. Avoiding common mistakes enhances the chances of the application's acceptance and ensures adherence to relevant laws and court procedures. Legal consultation or guidance may be necessary for precise execution.