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
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
dispense with his appearance before the learned Trial Court under
Section 205 Cr.P.C. It was also contended on behalf of the CBI that ... Trial Court, are not valid grounds for allowing the
application under Section 205 Cr.P.C.
5.2 It is further submitted by Shri Banerjee, learned
learned Sub Divisional Judicial Magistrate,Patna , whereby their
petition under Section 205 Cr.P.C. has been rejected.
The aforesaid complaint was filed ... revisionists on receipt
of summons appeared and filed petitions under Section 205 Cr.P.C.
for dispensing with their personal appearance and to be represented
learned Sub Divisional Judicial Magistrate,Patna , whereby their
petition under Section 205 Cr.P.C. has been rejected.
The aforesaid complaint was filed ... revisionists on receipt
of summons appeared and filed petitions under Section 205 Cr.P.C.
for dispensing with their personal appearance and to be represented
Judicial Magistrate, Patna, whereby he has rejected their
petition filed under section 205 Cr.P.C. for exemption of personal
appearance as also the individual ... Whereas in Cr. Misc. No. 1373 of 2008 the petition under
section 205 Cr.P.C. was rejected on 14.8.2008 and the Cr. Revision
appear before him first. There is nothing in Section
205 of the Code of Criminal Procedure which mandates that the
petitioners must first personally appear ... accuseds with the findings:-
"............The application under Section 205 Criminal
Procedure Code is dismissed at this stage as the accused have not
entered their
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
taken steps as permissible under the Code of
Criminal Procedure to secure the attendance of
the accused persons. In the meanwhile ... again and in the Criminal Revision
No.872 of 2016 wherein order rejecting the prayer
under Section 205 Cr.P.C. as well as cognizance
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
