Section 205 in The Code of Criminal Procedure, 1973
205. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons
shall be reckoned as
sufficient reason by all criminal courts to invoke the
discretion under Section 205 Cr.P.C and only a
summons under ... guided and goaded to adopt user friendly
procedure in criminal trial of offenders who have no moral
Crl.M.C.No.1977/07 35
turpitude
learned Magistrate while permitting to
represent through the advocate under Section 205 Cr.P.C. in exempting personal
appearance is unsustainable and contrary ... Crl.M.P. Nos.1430 and 1435
of 2014, passed by the learned Magistrate in allowing the application
under Section 205 Cr.P.C. imposing
dated 6.9.2016, by which the application filed by the
petitioner under section 205 Cr.P.C. has been rejected ... question of delay cannot be made
attributable in an application under section 205 Cr.P.C. to the
petitioner as the criminal case itself
accused for examination under S. 342 of the Code of Criminal Procedure; he may exercise his discretion in the matter, and examine the pleader ... with right from the initial stage. When the Code itself specifically provides u/S. 205(1) , Cr.P.C. that even for the first appearance
power under section 205 of
the Code.
The next issue which arises for consideration whether
benefit under section 205 ... issued against him on 11.1.2000. Chapter VI of
the Code of Criminal Procedure details the procedure
of issuance of and service of summons. The stage
Branch, Kancheepuram reported in (2016) 2 MLJ (Crl) 490, wherein, it is held as follows:-
12. Section 205 Cr.P.C. has two parts. Section ... accused. But if we read the language employed in Sections 205(1) and 205(2) Cr.P.C, there is no absolute right
MURTHY
CRIMINAL PETITION No.3880 OF 2016
ORDER:
This criminal petition is filed under Section 482 of Criminal
Procedure Code (for short " ... inquiry or trial
proceeds in his presence. Section 205 of the Code of Criminal
Procedure empowers the Magistrate whenever he issues a
summons to dispense
whereby the petition filed by
the petitioner under Section 205 of the Code of Criminal Procedure
( Cr.P.C .) for dispensing with the personal appearance ... whereby the petition
filed by the petitioner under Section 205 of the Code of Criminal
Procedure ( Cr.P.C .) for dispensing with the personal appearance
relevant for deciding this application are
extracted below :-
Code of Criminal Procedure
Section - 205. Magistrate may dispense with personal
attendance of accused.
1. Whenever ... consider the scope and ambit of the
application under Section 205 Code of Criminal
Procedure. In the case of Bhaskar Industries Ltd.
(supra), this Court