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SANJAY KUMAR DWIVEDI
Sanjay Kumar Agarwal – Appellant
Versus
Directorate of Enforcement, (Government of India) represented by Dr. Rathin Biswas, Assistant Director (PMLA), West Bengal (State) – Respondent
JUDGMENT :
The argument was heard on behalf of the petitioner which was argued by Mr. S.D.Sanjay, the learned Senior counsel assisted by Mr. Sumeet Gadodia, the learned counsel and Mr. Ritesh Kumar Gupta, the learned vice counsel and on behalf of the Opposite Party-Enforcement Directorate (ED) Mr. Amit Kumar Das, the learned counsel assisted by Mrs. Swati Shalini, Mr. Shivam Utkarsh, Mr. Saurav Kumar, and Mr. Sahay Gaurav Piyush, the learned counsels and after hearing at length on that day i.e. on 26.09.2022, the judgment was reserved.
2. This petition has been filed for quashing the order dated 09.05.2022 passed in Misc. Criminal Application No.362 of 2022 by learned Additional Judicial Commissioner-XVIII-cum-Special Judge, Prevention of Money Laundering Act, Ranchi whereby the petition filed by the petitioner under Section 205 of the Code of Criminal Procedure (Cr.P.C.) for dispensing with the personal appearance of the petitioner has been rejected in connection with ECIR 05/2021, corresponding to CNR-JHRN01-002561-2022, pending in the same learned court.
3. The complaint was filed under sections 44 and 45 of the Prevention of Money Laundering Act, 2002 [hereinafter to be referred
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....
Judicial discretion under Section 205 Cr.P.C. must balance an accused's personal circumstances against case seriousness; exemption from appearance can be granted if sufficient cause is shown.
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....
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.
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.
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
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.
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