SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1958 Supreme(MP) 265

A.H.KHAN
KANCHAN BAI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
ATAL BIHARI

A. H. KHAN, J.

( 1 ) THE short question to he considered in this revision is whether the presence of the accused, whose personal attendance has been excused, is necessary for explaining to him the charge under Section 251 (A) of the Criminal Procedure code.

( 2 ) IN the instant case, the Police filed a Challan against Mst. Kanchan Bai under section 324 I. P. C. She was exempted from personal attendance. At the time of framing the charge, it was suggested to the Court that the charge should be read over and explained to her personally and that she should be called in the Court for that purpose. The Court has for that reason ordered Mst. Kanchan Bai to appear in the Court. It seems that the Court thinks that the charge cannot be explained to the counsel of the accused, who has been permitted to appear on her behalf.

( 3 ) I think that if the personal attendance of a person has been dispensed with and he is permitted to appear by his pleader, then such appearance involves the performance of all acts which the accused is supposed to do during the course of that trial. In this view of the matter, a pleader can answer all questions put to the accused under Section 342 Cr. P. C. and the a






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top