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JITENDRA KUMAR
Shailesh Kumar Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
The present petition has been preferred under Section 482 Cr. PC impugning order dated 25.04.2016 passed by Smt. Seema Kumari, Ld. Judicial Magistrate 1st Class, Patna in Complaint Case No. 29254 (C) of 2014 whereby she has rejected the application of the petitioners filed under Section 205 Cr. PC for exemption from personal appearance.
2. The factual matrix as emerging from the record is that a criminal complaint bearing Complaint Case No. 29254 (C) of 2014 has been filed by the complainant (OP. No. 2 herein) against the petitioners for proceeding against them for offence punishable under Sections 499, 500, 501 and 502 IPC alleging that one Renu Kumari working as maid in the house of the complainant (OP. No. 2 herein) had gone to watch ‘Ravan Wadh’ in Gandhi Maidan, Patna on 03.10.2014 and died in the stampede. The complainant performed her last rites without taking a single paisa from the Government. However, on 07.10.2024 when the petitioner was reading Hindustan Newspaper, he came across a news which read that Raju Kumar @ Rajkumar had taken away the compensation money of his maid. The Complainant got greatly hurt and his reputation was damaged. The accused persons who are
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....
Magistrate may attendance of accused -Whenever a Magistrate issues may, if he sees reason so to with the personal attendance of the accused and permit him to appear by his pleader.
The main legal point established in the judgment is the discretion of the Court to exempt an accused from personal appearance at all stages of the proceedings, emphasizing the importance of safeguard....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
Magistrate may dispense with personal attendance of accused if he thinks it is reasonable to do so at his discretion – Such discretion can be exercises in rare cases under certain circumstances where....
Judicial discretion under Section 205 Cr.P.C. allows personal appearance exemptions in summary proceedings, ensuring fair trial processes while accommodating the accused's circumstances.
The court ruled that the exercise of judicial discretion under Section 205 of the Code of Criminal Procedure must consider the age and health of the petitioner when deciding on personal appearance ex....
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