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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Kuntala Panda – Appellant
Versus
Assistant Director (PMLA) Enforcement Directorate, Government of India, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. summary of the factual background (Para 2) |
| 2. petitioner's arguments for exemption from appearance (Para 3) |
| 3. opposition's arguments against exemption (Para 4) |
| 4. observations by the special judge regarding the application (Para 5 , 6 , 7 , 8 , 9) |
| 5. analysis of judicial discretion under section 205 cr.p.c. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. final conclusion and order of the court (Para 28 , 29 , 30 , 31 , 32) |
Judgment :
Sanjeeb K Panigrahi, J.
1. The petitioner is assailing the order dated 27.01.2025 passed by the learned Special Judge (CBI-I), Bhubaneswar, rejecting the application filed by the petitioner under Section 205 of the Code of Criminal Procedure, 1973 in Crl. Misc. (PMLA) Case No. 11 of 2024.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
i. An FIR was registered by Koraput Vigilance, being P.S. Case No. 11 of 2012, for offences punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988.
ii. Pursuant thereto, Charge Sheet No. 15 of 2018 dated 27.07.2018 was submitted before the learned Special Judge (Vigilance), Jeypore, Koraput
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.
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....
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 emphasized that the power to grant exemption from personal appearance under Sections 205 and 317 Cr.P.C. should be exercised liberally, especially when the accused has undertaken to appear ....
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 Section 205 Cr.P.C. allows personal appearance exemptions in summary proceedings, ensuring fair trial processes while accommodating the accused's circumstances.
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