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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
N.E.VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
Headnote: Read headnote
ORDER
The learned counsel for the petitioner sought permission to withdraw the Crl.M.C. It is submitted that the petitioner is a handicapped aged person, who finds it very difficult to appear before the Trial Court on the posting dates.
Considering the aforesaid submission, the learned Magistrate shall grant permanent exemption to the petitioner from appearing in person during trial, except for those occasions where his personal presence is inevitable for the further progress of the trial.
With the above observations, the Crl.M.C is permitted to be withdrawn.
Sd/-
Right to exemption from personal appearance in trials for handicapped individuals was upheld by the court.
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
Magistrate may attendance of accused -Whenever a Magistrate issues may, if he sees reason so to with the personal attendance of the accused and permit him to appear by his pleader.
The court allows the exemption from personal appearance based on age and health conditions while permitting electronic appearance under specific rules.
Petitioner allowed to withdraw the case while preserving rights to contest in Trial Court.
The petitioner’s right to withdraw proceedings while reserving the right to raise contentions is upheld.
The court grants permission to withdraw a Crl.M.C, emphasizing procedural rights to raise contentions in the trial court.
Magistrate may dispense with personal attendance of accused if he thinks it is reasonable to do so at his discretion – Such discretion can be exercises in rare cases under certain circumstances where....
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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