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BIBEK CHAUDHURI
Anuradha Mehta @ Anuradha Mundkur – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
The instant revision is directed against an order, dated 3rd of January, 2019, passed by the learned Judicial Magistrate, 1st Class at Muzffarpur in Complaint Case No.2186 of 2018 (Tr. No. 3435 of 2018).
2. By passing order, impugned, the learned Magistrate rejected an application filed by the accused/petitioners under Section 205 of the Cr.P.C praying for exemption of their personal appearance during inquiry and trial. The learned Magistrate assigned the following reasons while rejecting the petition under
3. Section 205 of the Cr.P.C.:—
(i) The learned Magistrate took cognizance of offence under Sections 406, 420 and 468 of the IPC, the offences are serious in nature and non-bailable;
(ii) So far as petition under Section 205 Cr.P.C is concerned, physical appearance of the accused in a Criminal Trial is the general rule and exemption from personal attendance is an exception.
4. On the above mentioned two grounds, the petition under Section 205 of the Cr.P.C was considered and rejected by the learned Magistrate.
5. Assailing the said order, it is submitted by the learned Advocate for the petitioners that by executing a power of attorney, the petitioners executed
Exemption from personal appearance – Accused can make his appearance before Trial Court through his Advocate and personal appearance of accused is not necessary unless compelled as contemplated under....
The main legal point established in the judgment is the interpretation and application of Section 205 of the Code of Criminal Procedure in granting exemption from personal appearance based on the ser....
The court can grant permanent exemption from personal appearance under specific conditions as stipulated in Section 205(1) Cr.P.C. when adequate legal representation is provided.
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
The court established that the power to dispense with personal attendance under Section 205 of the Cr.P.C. should be exercised with sound discretion, considering the nature of the charges, the status....
Judicial discretion under S.205, CrPC. allows representation by pleader; insistence on personal attendance for first hearings is contrary to fair trial principles.
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
Personal exemption under Section 205 Cr.P.C. should be granted based on situational factors, not solely on the gravity of alleged offenses.
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