AI Overview...
- Far Distance or Physical Reasons - Main points and insights:
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Dispensing with the personal attendance of the accused is permissible only in rare cases, primarily when the accused resides at a far distance, carries on business far away, or faces physical or other good reasons that make their attendance impractical. This discretion is exercised to prevent undue hardship on the accused Bidhu Bhushan Dutta (Dr. ) VS State of Assam - Gauhati, Bhaskar Industries Ltd. VS Bhiwani Denim & Apparels Ltd. - Crimes, East India Produce Ltd. VS Nirmal Khandewal, Prop. Tirupati Balaji Blessing Co. - Crimes, Prem Agrawal VS State Of Bihar - Patna, Riaz Khan Faridi, S/o of Sh. Shamsuddin Khan VS State of Jharkhand through Central Bureau of Investigation - Jharkhand, Bhaskar Industries Ltd. VS Bhiwani Denim & Apparels Ltd. - Dishonour Of Cheque, Bhaskar Industries LTD. VS Bhiwani Denim And Apparels LTD. - Supreme Court, Rajan Kohli VS State Of Haryana - Punjab and Haryana, GITANJALI WOOLENS PRIVATE LIMITED VS PEARL INTER CONTINENTAL - Delhi, Shaila @ Dr. Sheha Yusuf VS State of U. P. - Crimes.
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Analysis and Conclusion:
- Courts are guided by the principle that the discretion to dispense with personal attendance should be exercised sparingly, only in exceptional circumstances where physical distance or physical conditions significantly hinder the accused's presence. The legal references, including Section 205(1) of the Code, emphasize that such relief is granted to serve justice without causing unnecessary hardship Bhaskar Industries Ltd. VS Bhiwani Denim & Apparels Ltd. - Crimes, East India Produce Ltd. VS Nirmal Khandewal, Prop. Tirupati Balaji Blessing Co. - Crimes, Prem Agrawal VS State Of Bihar - Patna, Riaz Khan Faridi, S/o of Sh. Shamsuddin Khan VS State of Jharkhand through Central Bureau of Investigation - Jharkhand, Shaila @ Dr. Sheha Yusuf VS State of U. P. - Crimes. Overall, physical or geographical barriers are recognized as valid reasons but require careful judicial consideration to ensure justice is balanced with practicality.
Search Results for "Far Distance or Physical Reasons"
2011 0 Supreme(Gau) 804 • India - Gauhati
A.K.GOSWAMI
Such discretion, however, needs to be exercised only in rare instances, where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels, that the accused person would suffer greatly if such prayer is not allowed ... The above, no doubt, is a relevant consideration but even in such a case where the accused is not from a far flung place, certain consideration like age and physical condition of th....
2001 6 Supreme 339 • India - Crimes
K.T.THOMAS, K.G.BALAKRISHNAN
business or on account of any physical or other good reasons the magistrate feels that dispensing with the personal attendance of ... Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on ... This can be understood from Section 205(1) of the Code which says that “whenever a magistrate issues a summons, he may, if he sees reason ... Such discretion need be exercised only in rare instances where due to the far #H....
• India - Crimes
P.S.DATTA
And it is only in rarest of the rare cases where due to the far distance at which the accused resides or carries on business or on account of any physical reasons the court feels that dispensing with the personal attendance of the accused would only be in the interest of justice. ... Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good #HL_....
2002 0 Supreme(Pat) 762 • India - Patna
R.S.GARG
Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the interests ... Their Lordships also observed that such discretion can be exercised where due to the far distant place at which the accused resides or carries on business or on account of any physical#HL_END....
2017 0 Supreme(Jhk) 1608 • India - Jharkhand
RONGON MUKHOPADHYAY
Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the interests ... ... If a court feels that insisting on the personal attendance of an accused in a particular case would be too harsh on account of a variety of reasons, can’t the court afford relief to such an accuse....
• India - Dishonour Of Cheque
K.T.THOMAS, K.G.BALAKRISHNAN
business or on account of any physical or other good reasons the magistrate feels that dispensing with the personal attendance of ... Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on ... This can be understood from Section 205(1) of the Code which says that “whenever a magistrate issues a summons, he may, if he sees reason ... Such discretion need be exercised only in rare instances where due to the far #H....
2001 6 Supreme 339 • India - Supreme Court
K.G.BALAKRISHNAN, K.T.THOMAS
business or on account of any physical or other good reasons the magistrate feels that dispensing with the personal attendance of ... Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on ... This can be understood from Section 205(1) of the Code which says that "whenever a magistrate issues a summons, he may, if he sees reason ... Such discretion need be exercised only in rare instances where due to the far #H....
2003 0 Supreme(P&H) 1329 • India - Punjab and Haryana
M.M.KUMAR
Such discretion need be exercised only In rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the Interests ... or other good reasons subservient to the Interest of Justice. ... In Bhaskar Industries case (2001 Cri LJ 4250) (SC) (supra) relied upon by the petitioners, it has been observed by their Lordships of t....
2003 0 Supreme(Del) 303 • India - Delhi
O.P.DWIVEDI
Such discretion need be exercised only in rate instances where due to the far distance at which the accused resides or carries on business or an account of any physical or other goods reasons the magistrate feels that dispensing with the personal attendance of the accused would only be in the interest
• India - Crimes
KANT TRIPATHI
Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the interests ... 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 perm....
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