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BIBEK CHAUDHURI
Anuradha Mehta @ Anuradha Mundkur – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – 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....
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....
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 discretion of the court to exempt an accused from personal appearance under Section 205 of the Cr.P.C, considering the nature of the case and the conduct of the accused.
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....
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