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
Cr.P.C or after proceeding to the enquiry
under Section 202 Cr.P.C, a decision is to be taken under
Section 203 Cr ... Cr.P.C or Section 317
Cr.P.C as the case may be. For clarity on this aspect, I extract
Section 273 Cr
under Section 251 Cr.P.C.; shall be present
in person whenever the case is posted for examination of accused under Section
313 Cr ... Cr.P.C. is different to the scope of
revision before the High Court as per Section 397 R/W Section 401 Cr
made
attributable in an application under section 205 Cr.P.C. to the
petitioner as the criminal case itself was quashed until it revived ... that the
application under section 205 Cr.P.C. had already been rejected.
Since rejection of the application under section 205 Cr
accused No.4) seeking exemption from personal appearance under section 205 of the Criminal Procedure Code was rejected.
REPORTABLE Date of Order : April ... provisions of section 205 Cr.P.C. and section 317 Cr.P.C. and the same read as under :
205. Magistrate may dispense with personal
exercise his power under section 205 of
the Code.
The next issue which arises for consideration whether
benefit under section 205 Cr ... section 204(1)(b) Cr.P.C. The proceeding under Chapter XVI of the
Code commences only after issuance of process under section 204
Cr
accused No.4) seeking exemption from personal appearance under section 205 of the Criminal Procedure Code was rejected.
REPORTABLE Date of Order : April ... provisions of section 205 Cr.P.C. and section 317 Cr.P.C. and the same read as under :
205. Magistrate may dispense with personal
under Section 205 Cr.P.C., cannot be entertained is factually incorrect. The other reasoning that the petition under Section 317 Cr ... Section 205(2) of the Code. It has to be borne in mind that while dealing with an application in terms of Section 205
MURTHY
CRIMINAL PETITION No.3880 OF 2016
ORDER:
This criminal petition is filed under Section 482 of Criminal
Procedure Code (for short " Cr ... with reference to pre-amended
Cr.P.C . i.e. Section 540A of Cr.P.C. equivalent to Section 205 of
Cr
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