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Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan , JJ

(A) Criminal P.C. (2 of 1974) , S.205, S.317— Personal appearance before Court - Exemption from - Application for exemption filed much before appearance of accused in Court - Power of exemption under S. 317 to be exercised at any stage by Magistrate despite prior appearance in Court - High Court dismissing application without taking into consideration date of filing exemption application and power under S. 317, erroneous. (Para 10 11) (B) Criminal P.C. (2 of 1974) , S.205— Personal appearance before Court - Exemption from - Application filed by accused on ground that distance between his residence and place of Trial is 1750 kms. - Rejection of application by Magistrate on ground that accused not suffering from any disease to restrain him from appearing before Court and other invalid grounds - High Court without taking into consideration valid grounds dismissing application, improper - Accused exempted from personal appearance. (Para 12 13 14) .....