parties and perused the
records.
5
6. Section 205 Cr.P.C. and Section 317
Cr.P.C. which are relevant in this case ... accused was under Section 317 Cr.P.C.
and not under Section 205 Cr.P.C. Section 317
Cr.P.C. which empowers the Magistrate
criminal courts in the
country dealing with Section 138 cases to follow the
abovementioned procedures for speedy and expeditious
disposal of cases falling under Section ... recorded in presence of counsel under Section 273
Cr.P.C. and Section 317 Cr.P.C. permitted trial to be held in absence
Vinod Dua vs Union Of India on 3 June, 2021
Equivalent citations: AIR 2021 SUPREME
ground while rejecting an application for grant of bail
under Section 498-A IPC. That cannot be considered at that stage.
Therefore ... application has to be filed either under Section 205 CrPC or Section 317
CrPC depending upon the stage at which
sections of the Criminal
Procedure Code . Emphasis was laid on Section 273 , Criminal Procedure
Code. It was submitted that Section 273 , Criminal Procedure Code does ... taken in the absence of the Accused, under the Criminal
Procedure Code are Sections 317 (provision for inquiries and trial being held
in the absence
person, is a matter to be considered
under Section 205 and/or Section 317 of Cr.P.C. by the
concerned Magistrate.
20. Learned counsel ... complainant in the above said criminal
appeals that while dismissing the criminal misc. cases
filed under Section 482 of Cr.P.C., the High Court
Nitin
Shah, one under Section 340 read with Section 195 of Cr.P.C., and the
other under Section 317(2) of ... made by the deceased Lalit
Suneja himself. In light of this argument, Section 32(1) of the
Indian Evidence Act, 1872 is reproduced below:
“Cases
learned senior counsel emphasised that Section 228 Cr.P.C. embodies
both procedural and substantive safeguards. Procedurally, it mandates that
charges must be framed before ... show that their cases were segregated in
exercise of powers under Section 317(2) Cr.P.C. Thus, the trial proceeded in
clear violation
Indian Penal
Code. The learned Judicial Magistrate examined
the respondent on oath as required by Section 200
of the Code of Criminal Procedure ... November
20, 2006 and submitted an application under
Section 317 of the Code of Criminal Procedure,
1973 seeking exemption for personal appearance
along with vakalatnama
having jurisdiction etc. Thus the power under
section 340 CrPC read with section 195 IPC can be exercised only where
someone fabricates false ... witness, can attract section 195 of IPC and consequently cannot attract
section 195(1)(b) and section 340 of
