petitioner submitted applications under Section
Crl.MC Nos.4196,4198,4201,4212,4218
4226,4232 of 2022 9
205 of Cr.P.C seeking exemption ... Section 498A of Indian Penal Code. However, the
question considered therein was whether the
powers under Section 205 Cr.p.C could be
exercised, after
below.
9. Criminal Procedure Code is a substantive Code with respect to the provisions
laid down by it. Mandate of the Code is personal appearance ... respondent (accused) by invoking the powers under Section 205 of the Code
of Criminal Procedure is untenable especially in a case of this nature,
wherein
punishable
under Section 341 , 321 , 379 of the IPC.
4. Later on, a prayer under Section 205 Cr.P.C. was
made on behalf ... arisen before the learned lower court in a criminal
proceeding regarding applicability of Section 205 of the Cr.P.C.
in its true sense. Certainly
directed against order dated
22.10.2008, whereby application of petitioner under section 205
Cr.P.C. has been rejected by the learned Judicial Magistrate, Ist Class ... prayed to dispense with his personal appearance in terms
of section 205 Cr.P.C. learned magistrate rejected 205 Cr.P.C .
application
ORDER
1. This application under sections 397 of the Code of
Criminal Procedure, 1973 (Cr.P.C.), made by the applicant
Rakesh Kumar (hereinafter referred ... Australia and for
permanent exemption from appearance u/s 205 Cr.P.C.
2. The circumstances giving rise to the present application
are that
Case No. 2319(c) /02 by which
the petition under Section 205 of the Cr.P.C for dispensing
with the personal appearance ... case in 2007 and the
petitioner filed a petition under Section 205 of the Cr.P.C
for dispensing with personal appearance as ground
Judicial Magistrate, Ambattur, in the application filed by the petitioner under Section 205 Cr.P.C. to dispense with the presence of the petitioner ... under Section 205 Cr.P.C. seeking to dispense with the presence of the petitioner.
2. According to the petitioner, he has been arrayed
that application for permanent
exemption from personal appearance of revisionist under Section 205
Cr.P.C is still pending before the learned trial court ... application for
permanent exemption from personal appearance u/s 205 Cr.P.C was
filed on her behalf. The matter was notified for further proceedings
persued the evidence adduced by the complaint under section 202 Criminal Procedure Code . and this evidence provided a sufficient ground to proceed against the accused ... Sharma applied for exemption from appearance under Section 205 Criminal Procedure Code . but his request was turned down by the magistrate. The accused then filed
CRLMP-2128/2019]
205, 317 Cr.P.C . for dispensing her personal appearance in trial.
The same was dismissed by the trial court.
Hence this ... grounds taken by
the appellants in their application under
Section 205 Cr.P.C. as well as in the
application under Section 482
