Section 317 in The Code of Criminal Procedure, 1973
317. Provision for inquiries and trial being held in the absence of accused in certain cases ... stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance
distinction
between Section 317 of Cr.P.C. and Section 205 of Cr.P.C. Under
Section 317 of Cr.P.C., the absence ... present in Court for his examination under section
313 of the Code of Criminal Procedure by undertaking a long
journey from his present place
appellant
had filed a petition under Section 317 of the Criminal Procedure Code
( Cr.P.C .) in Crl ... Page 2 of 18
Crl.A.No.250 of 2025
filed similar petitions under Section 317 Cr.P.C. on ten earlier occasions
between
Learned counsel for the petitioners filed a petition under Section 317
Cr.P.C. The petition was dismissed and Non Bailable Warrant (NBW) was issued ... person or through their counsels by filing a
petition under Section 317 Cr.P.C. Therefore, the present petition is filed to recall
powers under Section 205 and Section 317 are available to the Court to meet the same objectives.
19. Section 317 is a power vested ... submitted under Section 88 of Cr.P.C. can be filed both under Section 205 of Cr.P.C. or under Section 317 of
from that of the other accused. Referring to sub-section [2) of section 317 CrPC Mr. Mollra contended that petitioner is being represented ... None of the circumstances set out in sub-section (1) and (2) of section 317 CrPC are available in the present case
therefore that it is contemplated in sub-section (2) of Section
317 Cr.P.C as follows:
"(2) If the accused in any such ... inquiry or trial and in view of Section 317
Crl.M.C.No.1798 of 2013 32
Cr.P.C the courts are under discretion
appearance on the ground that section 205 Cr.P.C. was not invokable in the instant case. Section 205 Cr.P.C. does ... have a look at the provisions of section 205 Cr.P.C. and section 317 Cr.P.C. and the same read as under
appearance on the ground that section 205 Cr.P.C. was not invokable in the instant case. Section 205 Cr.P.C. does ... have a look at the provisions of section 205 Cr.P.C. and section 317 Cr.P.C. and the same read as under
through his pleader as enumerated under Section
205 of the Cr.P.C. as well as under Section 317
Cr.P.C. One other eventuality ... such Criminal Procedure Code provides for splitting
up of Trial, which has also been provided under Section 317(2)
Cr.P.C. but that
