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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sachidananda Choudhury – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. grounds for quashing order under section 482 cr.p.c. (Para 1 , 2) |
| 2. arguments regarding necessity of exemption under section 205 cr.p.c. (Para 4 , 5) |
| 3. court's reasoning on appearance and exemption norms. (Para 6) |
| 4. outcome of the crlmc and order on exemption. (Para 7 , 8) |
JUDGMENT :
R.K.PATTANAIK, J.
1. The petitioners have approached this Court by invoking its extra-ordinary jurisdiction under Section 482 Cr.P.C. for quashing of the order dated 26th August, 2021 passed in 1CC Case No.50 of 2020 by the learned S.D.J.M., Berhampur, whereby, an application under Section 205 Cr.P.C from personal exemption in terms thereof was declined and rejected.
2. The opposite party No.2 filed complaint (Annexure-1) in 1CC Case No.50 of 2020 with regard to series of events commencing from 2018 and onwards with a cause of action dated 26th October, 2019, the date on which, the petitioners said to have entered into his office and hackled and forced him to sign and submit resignation and also assaulted him when he demanded the investment to be returned and when the liability was declined altogether by the letter dated 11th November, 2019 received by him, wherein, petitioner No.1 even
Personal exemption under Section 205 Cr.P.C. should be granted based on situational factors, not solely on the gravity of alleged offenses.
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....
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 court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
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 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.
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.
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