2007 CRI. L. J. 3556 ::2007 (2) AIR Jhar R 974 ::2007 (3) EastCriC 607 ::2007 (3) JLJR 17

Jharkhand High Court

Hon'ble Judge(s): D. G. R. Patnaik , J

Criminal P.C. (2 of 1974) , S.205— Exemption from personal appearance - It is discretionary power of Magistrate - Regard should be had to exceptional/special circumstances and inconvenience which accused is likely to suffer on account of distance or for any such good reason if his personal attendance is insisted upon on each and every date. A bare reading of the provision would indicate that it is the discretionary power of the Magistrate to dispense with the personal attendance of the accused. The provision does not specify the circumstances, in which the discretion may or may not be exercised in favour of the accused. At a first reading of the Section, it would appear that the Magistrate may dispense with the personal attendance of the accused, only when he issues summons to the accused and if he sees reason so to do. Judicial precedents do not generally favour the exercise of discretion under Section 205, Cr. P.C. by the Magistrate in cases of serious offences. Nevertheless, while explaining the scope and purpose of Section 205, Cr. P. C. the Courts have not altogether prohibited the exercise of discretion in favour of the accused even in the cases of warrant triable offences and also where warrants have been issued against the accused persons for securing their appearance. While considering prayer for protection under section 205, Cr. P. C. the Magistrat....