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SANDEEP MOUDGIL
Diljit Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
CRM-36057-2024
Prayer in this application is for placing on record photocopies of FIR No. 59, dated 09.03.2019 and order dated 13.06.2024 as Annexures P-10 and P-11 respectively.
In view of averments made in the present application, the same is allowed. Annexures P-10 and P-11 are taken on record subject to all just exceptions.
CRM-M-64176-2023
1. The jurisdiction of this Court has been invoked under Section 482 Cr.P.C. seeking quashing of the impugned order dated 30.10.2023 (Annexure P-1) passed by Additional Sessions Judge, Ludhiana vide which the revision petition filed by the petitioner against the order dated 13.07.2023 (Annexure P-3) passed by Judicial Magistrate Ist Class, Ludhiana has been upheld with further prayer to grant permission to the petitioner to stay abroad during the pendency of present petition by modifying the order dated 29.07.2023 (Annexure P-8) vide which the petitioner was allowed to stay abroad upto 31.12.2023 barring the petitioner from seeking further extension to stay abroad.
2. It has been argued by learned counsel for the petitioner that the petitioner-accused has filed an application under Section 205 Cr.P.C. on the grounds t
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 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 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 ....
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.
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 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....
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.
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....
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