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1 - 10 of 11 (0.26 seconds)Ram Harsh Das vs State Of Bihar And Ors. [Alongwith ... on 26 September, 1997
7. A bare perusal of the aforesaid provision makes
it clear that discretion is vested with the Magistrate to dispense
with the personal attendance of the accused and to permit him to
appear by his pleader. However, the Magistrate is empowered, at
any stage of the proceeding, to direct personal appearance of the
accused, if necessary. This Court has time without number
considered the scope and application of Section 205 Cr.P.C. and
held that the provisions of Section 205 Cr.P.C. are for some
Patna High Court CR. MISC. No.37059 of 2019 dt.16-09-2019
4/7
purpose and not for fun. The Magistrate has to borne in mind
that while dealing with an application in terms of Section 205
Cr.P.C., the consideration would be whether any useful purpose
would be served by requiring the personal attendance of the
accused. Moreover, the power is always there with the
Magistrate to ask the accused, whose personal attendance has
been dispensed with under Section Section 205 Cr.P.C., to
remain physically present at any stage of the trial if the trial
cannot proceed in absence of the accused. Reference may be
made to the case of Manish Gai Vs. The State of Bihar
reported in 2007(1) PLJR 822, Ram Harsh Das Vs. the State
of Bihar reported in 1998(1) PLJR 502 and Ajay Kumar
Sharma Vs. The State of Bihar reported in 2005(2) PLJR 505
as well as judgment of the Hon'ble Supreme Court in S.V.
Majumdar Vs. Gujrat State Fertilizer Corporation reported
in 2005(4) SCC 173.
Sanjay Kr. Sharma vs The State Of Bihar on 21 August, 2014
7. A bare perusal of the aforesaid provision makes
it clear that discretion is vested with the Magistrate to dispense
with the personal attendance of the accused and to permit him to
appear by his pleader. However, the Magistrate is empowered, at
any stage of the proceeding, to direct personal appearance of the
accused, if necessary. This Court has time without number
considered the scope and application of Section 205 Cr.P.C. and
held that the provisions of Section 205 Cr.P.C. are for some
Patna High Court CR. MISC. No.37059 of 2019 dt.16-09-2019
4/7
purpose and not for fun. The Magistrate has to borne in mind
that while dealing with an application in terms of Section 205
Cr.P.C., the consideration would be whether any useful purpose
would be served by requiring the personal attendance of the
accused. Moreover, the power is always there with the
Magistrate to ask the accused, whose personal attendance has
been dispensed with under Section Section 205 Cr.P.C., to
remain physically present at any stage of the trial if the trial
cannot proceed in absence of the accused. Reference may be
made to the case of Manish Gai Vs. The State of Bihar
reported in 2007(1) PLJR 822, Ram Harsh Das Vs. the State
of Bihar reported in 1998(1) PLJR 502 and Ajay Kumar
Sharma Vs. The State of Bihar reported in 2005(2) PLJR 505
as well as judgment of the Hon'ble Supreme Court in S.V.
Majumdar Vs. Gujrat State Fertilizer Corporation reported
in 2005(4) SCC 173.
S.V. Muzumdar And Ors vs Gujarat State Fertilizer Co. Ltd. And ... on 25 April, 2005
7. A bare perusal of the aforesaid provision makes
it clear that discretion is vested with the Magistrate to dispense
with the personal attendance of the accused and to permit him to
appear by his pleader. However, the Magistrate is empowered, at
any stage of the proceeding, to direct personal appearance of the
accused, if necessary. This Court has time without number
considered the scope and application of Section 205 Cr.P.C. and
held that the provisions of Section 205 Cr.P.C. are for some
Patna High Court CR. MISC. No.37059 of 2019 dt.16-09-2019
4/7
purpose and not for fun. The Magistrate has to borne in mind
that while dealing with an application in terms of Section 205
Cr.P.C., the consideration would be whether any useful purpose
would be served by requiring the personal attendance of the
accused. Moreover, the power is always there with the
Magistrate to ask the accused, whose personal attendance has
been dispensed with under Section Section 205 Cr.P.C., to
remain physically present at any stage of the trial if the trial
cannot proceed in absence of the accused. Reference may be
made to the case of Manish Gai Vs. The State of Bihar
reported in 2007(1) PLJR 822, Ram Harsh Das Vs. the State
of Bihar reported in 1998(1) PLJR 502 and Ajay Kumar
Sharma Vs. The State of Bihar reported in 2005(2) PLJR 505
as well as judgment of the Hon'ble Supreme Court in S.V.
Majumdar Vs. Gujrat State Fertilizer Corporation reported
in 2005(4) SCC 173.
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 206 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Manish Gai vs State Of Bihar on 23 November, 2006
7. A bare perusal of the aforesaid provision makes
it clear that discretion is vested with the Magistrate to dispense
with the personal attendance of the accused and to permit him to
appear by his pleader. However, the Magistrate is empowered, at
any stage of the proceeding, to direct personal appearance of the
accused, if necessary. This Court has time without number
considered the scope and application of Section 205 Cr.P.C. and
held that the provisions of Section 205 Cr.P.C. are for some
Patna High Court CR. MISC. No.37059 of 2019 dt.16-09-2019
4/7
purpose and not for fun. The Magistrate has to borne in mind
that while dealing with an application in terms of Section 205
Cr.P.C., the consideration would be whether any useful purpose
would be served by requiring the personal attendance of the
accused. Moreover, the power is always there with the
Magistrate to ask the accused, whose personal attendance has
been dispensed with under Section Section 205 Cr.P.C., to
remain physically present at any stage of the trial if the trial
cannot proceed in absence of the accused. Reference may be
made to the case of Manish Gai Vs. The State of Bihar
reported in 2007(1) PLJR 822, Ram Harsh Das Vs. the State
of Bihar reported in 1998(1) PLJR 502 and Ajay Kumar
Sharma Vs. The State of Bihar reported in 2005(2) PLJR 505
as well as judgment of the Hon'ble Supreme Court in S.V.
Majumdar Vs. Gujrat State Fertilizer Corporation reported
in 2005(4) SCC 173.