AI Overview...
- Exemption from Personal Appearance under Section 205 CrPC -
Several cases highlight that Section 205 CrPC allows courts to dispense with the personal attendance of accused if sufficient cause is shown, such as illness, employment commitments, or other valid reasons. Courts have the discretion to grant or reject such applications based on the facts of each case. For instance, in SRI RAMESHWAR YADAV VS STATE OF BIHAR - Supreme Court, the court dismissed an exemption plea on new grounds; in Central Bank of India, Rep by its Br. Manager VS State of Kerala - Dishonour Of Cheque, non-appearance after prior exemption and concealment led to warrants; and in CENTRAL BANK OF INDIA, KOCHI VS STATE OF KERALA - Kerala, the court acknowledged that exemption should trigger appropriate action but noted that appearing through counsel can be permissible.
SUKLA MUKHERJEE VS STATE - Calcutta, Anil Kumar VS State Of Himachal Pradesh - Himachal Pradesh, and Prakash Amrut Mody And B. K. Sharma VS State Of Jharkhand - Jharkhand emphasize that applications for exemption can be rejected if the reasons are not convincing, but courts may also consider genuine grounds like health or employment. - Procedure and Judicial Discretion -
Courts may exercise their power under Section 205 to grant exemption on sufficient cause, including illness (Anil Kumar VS State Of Himachal Pradesh - Himachal Pradesh), employment commitments (Prakash Amrut Mody And B. K. Sharma VS State Of Jharkhand - Jharkhand), or other valid reasons. Rejections typically occur if the reasons are deemed inadequate or if the accused has previously absconded or concealed themselves (Central Bank of India, Rep by its Br. Manager VS State of Kerala - Dishonour Of Cheque, KAMA PRASAD ROUT VS MADAN MOHAN DAS - Orissa).
In some instances, courts have allowed exemption through applications filed by accused or their counsel (CENTRAL BANK OF INDIA, KOCHI VS STATE OF KERALA - Kerala, PRAKASH AMRUT MODY VS STATE OF JHARKHAND - Jharkhand), indicating judicial flexibility. - Main Points and Insights -
- Section 205 CrPC provides a mechanism for dispensing with personal appearance of accused upon showing sufficient cause.
- Grounds such as health issues, employment, or prior conduct influence court decisions.
- Courts retain discretion to accept or reject exemption requests based on the circumstances of each case.
- Proper application and timely filing are crucial for consideration.
- Conclusion -
The ground for exemption of personal appearance under Section 205 CrPC is primarily based on the accused’s inability to appear due to valid reasons. Courts balance the need for personal attendance with fairness and justice, exercising their discretion judiciously. Genuine grounds like illness or employment are typically accepted, while concealment or previous absconding can lead to rejection or issuance of warrants.
References: SRI RAMESHWAR YADAV VS STATE OF BIHAR - Supreme Court, Central Bank of India, Rep by its Br. Manager VS State of Kerala - Dishonour Of Cheque, CENTRAL BANK OF INDIA, KOCHI VS STATE OF KERALA - Kerala, SUKLA MUKHERJEE VS STATE - Calcutta, Anil Kumar VS State Of Himachal Pradesh - Himachal Pradesh, Dadan Singh @ Dadan Yadav VS Directorate of Enforcement - Patna, A. K. Pandya VS State of Rajasthan - Rajasthan, KAMA PRASAD ROUT VS MADAN MOHAN DAS - Orissa, Prakash Amrut Mody And B. K. Sharma VS State Of Jharkhand - Jharkhand, PRAKASH AMRUT MODY VS STATE OF JHARKHAND - Jharkhand
Search Results for "Ground for Exemption of Personal Appearance U s 205 Crpc"
2018 2 Supreme 631 • India - Supreme Court
A.K.SIKRI, ASHOK BHUSHAN
. was filed which has been dismissed by the Patna High Court taking a new ground that a prayer for exemption from personal appearance ... Once the accused appears before the court in person without making any application for dispensing with the personal appearance under ... Section 205 Cr.P.C. ... The High Court dismissed the application taking a new ground that a prayer for exemption from personal#HL_END....
• India - Dishonour Of Cheque
C.T.RAVIKUMAR
law—When it is evident that accused was absconding or concealing herself after obtaining an order for exemption from personal appearance ... for dispensing with personal appearance—Non-bailable warrants were issued against second respondent—-When that be the case, ... respondent had earlier appeared in proceedings and filed petition under Section 205, Cr.P.C ... The accused thereafter entered appearance through counsel and filed a petition under sec....
2015 0 Supreme(Ker) 1432 • India - Kerala
C.T.RAVIKUMAR
exemption from personal attendance under S.205 Cr.P.C. should have been a ground for the court below to initiate appropriate action ... dispensing with the personal appearance is not in dispute. ... appearance under Section 205 Cr. ... The accused thereafter entered appearance through counsel and filed a petition under section 205 of the Code of Criminal Procedure#HL_E....
1994 0 Supreme(Cal) 374 • India - Calcutta
N.K.BHATTACHARYYA
The petitioner had applied for personal exemption from appearance u/s. 205 of the Cr. P. C., which was dismissed by the Ld. ... Magistrate's reasoning for refusing the personal exemption was illogical and illegal, as the interpretation of section 205 allows ... C. - Personal Exemption in a Case Instituted on Police Report Fact of the Case: The accused petitioner challenged an ... Case the present petitioner made a....
2018 0 Supreme(HP) 1558 • India - Himachal Pradesh
SURESHWAR THAKUR
Narcotic Drugs and Psychotropic Substances Act - Exemption from Personal Appearance - Section 205 of Cr.P.C Fact of the ... Case: The accused sought exemption from personal appearance due to being bedridden, but the trial court declined the relief ... appearance was not imperative at that stage. ... The ground for the apposite exemption, stands, comprised in the factum of his being bed ridden, he....
2024 0 Supreme(Pat) 806 • India - Patna
PRABHAT KUMAR SINGH
. and may also grant on sufficient cause, exemption from personal appearance under Section 205 Cr.P.C. – Special Judge (PMLA), directed ... Prevention of Money Laundering Act, 2002 – Sections 4 and 19 – Criminal Procedure Code, 1973 – Section 439 ... exercise power of arrest of accused shown in complaint – Special Court can direct accused to furnish Bond in terms of Section 88 of Cr.P.C ... . and may also grant on sufficient cause, exemption from #HL....
2014 0 Supreme(Raj) 255 • India - Rajasthan
MAHESH CHANDRA SHARMA
from personal appearance during course of trial - In these circumstances court below rejected application for personal exemption ... - Section 406 and 120 - NI Act - Section 138 - Harassment - Seeking exemption from personal appearance - A rights Issue was brought ... before court below through their counsel and submitted an application dated for grant of exemption from personal appearance - Bank ... Misc. peti....
1989 0 Supreme(Ori) 308 • India - Orissa
V.GOPALASWAMY
Procedure (CrPC) seeking exemption from personal appearance in court. ... the personal attendance of the accused and to direct their personal attendance at any stage of the proceedings. ... rejected their petitions, prompting them to file revision petitions before the Additional Sessions Judge, who dismissed them on the ground ... Personal appearance of an accused is the rule in criminal cases of a serious nature, involving moral tu....
2007 0 Supreme(Jhk) 149 • India - Jharkhand
DABBIRU GANESHRAO PATNAIK
Code of Criminal Procedure, 1973 – Section 205 dispending with personal attendance – while considering prayer for dispensation Magistrate ... The petitioners had filed their application for exemption of personal appearance in this cast: under Section 205 Cr.P.C. on the ground that they being employed as Chairman-cum-Managing Director and Executive Director of Pharmaceutical Company, namely, M/s. ... for personal #H....
2007 0 Supreme(Jhk) 150 • India - Jharkhand
D.G.R.PATNAIK
Fact of the Case: The petitioners sought exemption from personal appearance in a case involving offences under various ... appearance under Section 205, Cr. ... Final Decision: The court allowed the petitioners' application to dispense with their personal appearance under Section 205 ... ... ( 2 ) THE petitioners had filed their application for exemption of personal appearance#HL_EN....
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