How to write Hajri Mafi Application In Court

Writing Hajri Mafi application is an essential skill especially for junior advocates. This application is filed in the court when the accused cannot appear before the court due to some circumstances, then he can through his advocates requesting the court’s permission for absence. In this article we will give step by step information to write Hajri Mafi application in court.

Steps To Write Successful Hajri Mafi Application In Court

Before writing Hajri Mafi application you must understand the basics of Hajri Mafi application because this exemption is not the right of accused but court’ s discretion whether to allow or disallow the accused’ s presence in the court. The process of writing Hajri Mafi application in court requires a clear and respectful tone because you are requesting for court’s permission for absence.

Section For Hajri Mafi Application

Section 355 of BNSS ( Bharatiya Nagarik Suraksha Sanhita 2023 ) or section 317 of CrPC ( Code of Criminal Procedure 1973) discuss about the absence of accused in certain cases during inquiries and trial.Section 355 of BNSS or Section 317 of CrPC have two sub-section also.

sub section (1)

At any stage of trial or inquiry if Judge or Magistrate satisfied that personal appearance of accused is not necessary then the Judge or Magistrate may allow hajri mafi application, if the accused is represented by an advocate.

Sub Section (2)

If the Judge or Magistrate considers that the personal attendance of accused is necessary and if accused is not represented by an advocate then they either adjourn the trial or enquiry or order that the accused case tried separately.

Note: Section 355 of BNSS includes personal attendance of accused through audio – video electronic means.

Format of Hajri Mafi Application In Hindi

Format of Hajri Mafi application can be divided into three parts.

Header Section

The header section contains the name of the court in which application is filed and this section includes the details like case no. and year of the case and name of the case, name of the police station with name of the city.

Body Section

The body section describe the details about the circumstances for non appearance of accused during trial. This is the important section and it must be clear and concise.

Footer Section

The footer section contains the prayer from the court to allow Hajri Mafi application during a trial or inquiry in court.

Sample Format Of Hajri Mafi Application

Conclusion

Section 355 of BNSS or section 317 of CrPC deals the provision for granting the accused from exemption from appearing before the court and further allows him to present through his counsel. The Code does not provide for a specific list of offences under which such an exemption shall be granted or a list of offences under which such exemption shall not be granted. The litigants shall be insisted to be present before the courts only if it is absolutely necessary.

Frequently Asked Questions (FAQs) 

1. Is the presence of the accused necessary at the time of passing of an order?

The presence of an accused is not necessary at the time of passing of an order if the accused was present in the proceedings in previous hearings.

2. Can the court insist on the personal appearance of the accused?

The court is empowered to insist on the presence of an accused, but only if the accused’s presence is absolutely necessary. However, the court shall duly observe that no harassment shall be inflicted upon the accused appearing before him.

3. Can an accused be granted relief from personal appearance if simultaneous criminal cases are going against him in different courts?

An accused cannot be necessarily granted exemption from personal appearance only on the ground that simultaneous cases are going against the accused in different courts. However, the accused is entitled to file such an application before the concerned court.