very same day during the 2nd hour, a petition
under Section 317 Cr.P.C. was moved but unfortunately, the same
was not entertained ... passed. It is
contended that since an application under Section 317 Cr.P.C. was
filed, it should have been entertained and furthermore, the
impugned
IPC passed
by learned Sessions Judge, Chhatarpur whereby petitioners' application under
Section 317 of Cr.P.C. has been dismissed and issuance of arrest ... fixed for argument on charge for 13.10.2022, an application under Section 317
of Cr.P.C. was filed, same was allowed and case was fixed
same was dismissed. He further submits that Section 317 Cr.P.C. empowers the Court to pass appropriate order for exemption. The learned counsel ... present case.
The procedure for trial of warrant case by the Magistrate is contained in Chapter-XIX of the Code. Section 238
matter of exempting the accused from
personal appearance in appropriate cases, Criminal Procedure
Code has given ample discretion to the Courts. Section 205(1)
CRLMC ... evidence could be recorded in the presence of
the pleader. Likewise, Section 317 Cr.P.C. also empowers the
Judge or Magistrate to be satisfied
order passed in the said criminal case dated 06.05.2006 and found
that the petitioner was represented under Section 317 Cr.P.C. and meaning
thereby ... before the
civil court, the petitioner had appeared through representation under
Section 317 Cr.P.C. and he was not present in the civil court
petitioner remained
absent. On his behalf repeated petitions were filed under
section 317 Cr.P.C. Crl.MP No.572 of 2023 was filed ... examination of the additional witness, this petitioner
remained absent. On his behalf, 317 Cr.P.C petition was
filed and that was allowed. The effect
Code of Criminal Procedure , to set aside the order passed in
Crl.M.P.No.4986 of 2023 dated 14.09.2023 on the file ... part before the trial Court. Before the trial Court,
petitions under Section 317 Cr.P.C., regularly filed by the petitioner.
This being
said order, the
application filed by the appellant under section 317 Cr.P.C. has also been
rejected.
2. The appellant is facing trial ... completed. After passing
of the said order, an application under section 317 Cr.P.C. was filed for
exemption from personal appearance on the ground
trial court to face the trial. Therefore, an application U/s 317 Cr.P.C . was moved requesting for appearance through counsel or through video ... single date before the trial court. The remedy under Section 317 Cr.P.C. can be availed only after the applicant has appeared before
quashing the order dated 22.02.2020, whereby, the petition, filed under
Section 317 Cr.P.C. has been rejected by the learned court. He further
submits ... been heard.
This criminal miscellaneous petition has
been filed for quashing the order dated
22.02.2020, whereby the petition, filed under
Section 317
