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praj (service)     16 August 2009

sec 205 of Crpc

sec 205 of Crpc provides that 'a magistrate may ,if sees reason so to do, dispense with the personal attendence of the accused and permit him to appear by the pleader'

Few of the reason for permanant exemtion are ....old age...or even a Doctor can be given a permanant exemtion....as he is included in Essential Servives... Can anybody plz give any more reasons??? and if any format of the application of the same



Learning

 3 Replies

Thyagarajan (Property management)     18 October 2009

The act clearly says'if sees reson to do so'.

Only on such powers of rational thinking a judge is appointed.

If the Judge had condoned personal appearance it can not be challanged on what grounds.

If you are the affected party and before you the judge made such ordes you had right to know the reason that time  not later.

There seems no such list of reasons asking for.

 

RT

Ashish Ovalekar (Manager Legal & Compliance)     21 October 2009

Dear Praj,

The reasons, may be numerous, and there can be no end to the same.

The law has many such provisions, which if interpreted properly can be effectively used. An Advocate would be in a better position to guide you, looking at the case at hand, as the reasons may vary from case to case, and the gravity of the offence / charges leveled against the accused. 

But the law states that, the same is upon the sole discretion of the Judge/ Magistrate, to decide the same.

Ashish

Thyagarajan (Property management)     21 October 2009

Dear Asish

I agree with your comment.

Now a days when bench clark calls a case by number and parties name , no advocate or party come forward from the gathering before the judge the case gets posted for a later date by the clerk and judge signs or sometimes the judge closes the case if both parties are absent. . If one party turns up then 'last chance' for the other party is given in absentia.

In courts aletrness is needed. 

RT


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