The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.

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 that she is a British citizen with a British passport and is on regular bail. Additionally, it has been argued that the petitioner-accused is an elderly woman who needs ongoing medical monitoring due to a number of illnesses. Additionally, it has been argued that the petitioner was previously granted permission by the court to travel overseas for medical reasons from February 2022 until May 15, 2022. The aforementioned stay was extended till July 6, 2022. After that, she was once more allowed to travel overseas from August 22, 2022, until August 21, 2023, vide order dated August 18, 2022 passed by learned trial Court. The assertion is that the petitioner has never misused the concession granted by the Court and conditions imposed by the trial Court were duly complied with. According to the applicant/accused, she is currently on a waiting list, her operation has not yet been completed, and the concerned doctor has instructed her not to travel for extended periods of time. It has also been argued that, according to the letter she received from the concerned doctor, she should wait until August 22, 2023, for her turn to have surgery, and that she will need a significant amount of time to recover even after the procedure. She must remain in the UK for a lengthier amount of time in order to accomplish this.

3. Learned State counsel has contended that the petitioner is not only seeking exemption but also seeking permission to reside abroad indefinitely. Moreover, learned Courts below have rightly dismissed the application seeking permanent exemption. However, the Court below has noted a critical deficiency in the documentation i.e. the letter lacked any signature or stamp from the issuing doctor, casting doubts on its authenticity and the veracity of the petitioner’s claim. Further more, the Court observed a lack of follow-up evidence regarding the anticipated surgery, which had been the sole basis for granting the petitioner permission to travel to the UK on previous occasions i.e. from 2022. It is pertinent to note that recently on February 08, 2024, the petitioner was once again afforded permission to travel and stay abroad until June 30, 2024.

4. Heard learned counsel for the parties at length.

ANALYSIS

5. Sections 205 and 317 of the Code bestow the discretion upon the Courts to exempt an accused from personal appearance at all stages of the proceedings in the trial in appropriate cases. However, the same cannot be claimed by an accused as a matter of right; it is a matter of the discretion of the Court. Section 205 of the Code provides as under:

“205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him t