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IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Shlok Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. court hears the parties in a 482 cr.p.c. application. (Para 1 , 2) |
| 2. applicant claims hardship due to illness impacting trial attendance. (Para 3 , 4) |
| 3. court addresses common issues with non-bailable warrants. (Para 5 , 6) |
| 4. legal framework for dispensing personal attendance under section 205 cr.p.c. (Para 7 , 8 , 10 , 12 , 14) |
| 5. court provides directions for the applicant's attendance and bail application. (Para 15 , 16) |
| 6. no coercive action during the pendency of the bail application. (Para 17) |
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Shri Saurabh Kumar Pandey, learned counsel for the applicant, Shri Akhilesh Dubey, learned counsel for opposite party no. 2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 18.11.2024 (by which non bailable warrant has issued against applicant) passed by A.C.J.M. IV, Court No. 15, District- Jaunpur in Case No. 557 of 2021, under Section 138 N.I. Act, P.S.-Singramau, District-Jaunpur.
3. The contention of learned counsel for the applicant is that he had approached this Court with Application U/S 482 No. 10062 of 2024 seeking direction to
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.
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
The main legal point established in the judgment is the discretion of the magistrate to dispense with the personal attendance of the accused in summons cases under Section 138 of the NI Act, while en....
Exemptions from personal appearance under Section 205 Cr.P.C. can be granted at any stage, provided there is an undertaking that counsel will represent the accused, ensuring fair trial progress.
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....
Repeated non-appearance of the accused, failure to obtain bail, and the legal provisions related to issuance of Non-Bailable Warrants were crucial in justifying the NBWs.
The court outlines guidelines for issuing warrants, emphasizing personal liberty and conditions for representation by counsel in criminal proceedings.
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 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....
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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