Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Satya Paul – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. right to be represented through counsel for an elderly petitioner. (Para 2 , 3) |
| 2. affirmation of virtual court attendance for elderly and infirm petitioners. (Para 4) |
| 3. court grants liberty for renewed petition under section 205, cr.p.c. (Para 5 , 6) |
ORDER :
1. Heard learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks indulgence of this Court praying to set aside the order dated 12.09.2023 and to dispense with his personal attendance in the court and to allow him to be represented through his counsel.
3. It is submitted by the learned counsel for the Petitioner that the Petitioner is an old man of 89 years who is residing at New Delhi and is having several medical complicacies/issues. He is travelling from New Delhi to Bhubaneswar, which may put him in peril. On the contrary, the proceeding of the trial in his absence would no way prejudice him. The learned counsel further submitted that the Petitioner is ready to undertake to the effect that he shall not be prejudiced in case trial in the case proceeds in his absence. Learned counsel further submitted that since the movements of the Petitioner at this old age havin
The court underscored the application of Section 205, Cr.P.C. allowing virtual representation for an aged petitioner in light of health issues, emphasizing the importance of technology in facilitatin....
The main legal point established in the judgment is the need to balance the rights of the accused with the practicalities of the legal process, especially in cases involving elderly accused individua....
The court allows the exemption from personal appearance based on age and health conditions while permitting electronic appearance under specific rules.
The court allowed a physically incapacitated accused to appear via virtual mode for judgment pronouncement, emphasizing the use of technology to ensure justice.
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 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.
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
