Guidelines for grant of personal exemption to accused u/s 205 CrPC from attending court in criminal proceeding

Puneet Dalmia Vs Central Bureau of Investigation

Supreme Court

16/12/2019

Criminal Appeal No. 1901 of 2019

About/from the judgment:

The position, therefore, boils down to this: it is within the powers of a Magistrate and in his judicial discretion to dispense with the personal appearance of an Accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence of his personal presence would itself inflict enormous suffering or tribulations on him, and the comparative advantage would be less. 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 of justice. However, the Magistrate who grants such benefit to the Accused must take the precautions enumerated above, as a matter of course. We may reiterate that when an Accused makes an application to a Magistrate through his duly authorised counsel praying for affording the benefit of his personal presence being dispensed with the Magistrate can consider all aspects and pass appropriate orders thereon before proceeding further.

Read the Judgment

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