Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
R.Martin – Appellant
Versus
Princy Martin – Respondent
| Table of Content |
|---|
| 1. petition filed against docket order. (Para 1) |
| 2. petitioners claim order was erroneous. (Para 2) |
| 3. conditions for section 205 cr.p.c. requests. (Para 3 , 4) |
| 4. no error found in trial court's order. (Para 5) |
| 5. petitions dismissed; liberty to refile. (Para 6) |
ORDER :
G. JAYACHANDRAN, J.
1. These two petitions are filed by the petitioners, being aggrieved by the docket order passed by the IX Metropolitan Magistrate, Saidapet that the petition filed under Section 205 Cr.P.C was returned for not filling up the blanks and filed without the appearance of the petitioners.
2. The learned counsel for the petitioners would submit that the order passed under Section 12 of the DOMESTIC VIOLENCE ACT itself is erroneous, since it was passed without notice and the petitioners herein, being senior citizens not in a position to appear in person to attend the Court. Hence, they have filed a petition under Section 205 of Cr.P.C. However, the trial Court has returned the petition pointing out certain defects without considering the reasons stated in the petition.
3. This Court finds that the petition under Section 205 of Cr.P.C filed in a printed format requesting to dispense with th
Dispensing with personal appearance requires specific requests and necessary details under Section 205 of the Code of Criminal Procedure, 1973; the Magistrate has discretion in permitting representat....
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.
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....
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
